State v. Charlton

ELLISON, C.J,

(dissenting). — I respectfully dissent from the holding in the principal opinion. The plaintiff in error, hereinafter called plaintiff, was charged in the circuit court of Pike County with robbery in the first degree by means of a dangerous and deadly weapon, a glass bottle, under Mo.R.S. 1949, § 560.135, Y.A.M.S. One count of the information charged him as an actual participant in the robbery and the other as an accessory before the fact. In either case the maximum punishment was death, § 560.135, supra, and Mo.R.S. 1949, § 556.170, Y.A.M.S., but the punishment assessed by the…