State v. Costello

HOLMAN, Presiding Judge.

Defendant was charged with the offense of robbery in the first degree. See §§ 560.-120 and 560.135 (statutory references are to RSMo 1959, V.A.M.S.). It was also alleged and proved that defendant had been convicted of four prior felonies. See § 556.280. The jury found defendant guilty of the offense charged and the court fixed his punishment at imprisonment for a term of five years. He has duly appealed from the ensuing judgment.

Defendant was charged with taking $1.00 and a television set from Mrs. Clara Banks on January 26, 1966. The evidence showed that Mrs. Banks,…