State v. Turner

EAGER, Judge.

Defendant was convicted by a jury of Robbery in the First Degree By Means of a Dangerous and Deadly Weapon (Section 560.135 RSMo 1949, V.A.M.S.), and was sentenced to a term of twelve years in the penitentiary. The jury found him not guilty of any prior felony, although sentences, confinements, and discharges for two prior felonies were admitted in open court by his counsel. This is the privilege of a jury under our existing law (Section 556.280 RSMo 1949, V.A.M.S.), anomalous though it may seem. After pursuing an unsuccessful motion for a new trial, defendant appealed. The case…