State v. Weinhardt
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Leo 8. Rassieur, Judge. (1) Robbery in tbe first, degree, under our statutes and decisions, involves an intentional putting in fear, or the use of violence by the defendant. State v. Sommers, 12 Mo.
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Appeal from St. Louis City Circuit Court. — How. Leo 8. Rassieur, Judge. (1) Robbery in tbe first, degree, under our statutes and decisions, involves an intentional putting in fear, or the use of violence by the defendant. State v. Sommers, 12 Mo. App. 375; State v. Smith, 119 Mo. 439; State v. Jenkins, 36 Mo. 372; State v. Howerton, 59 Mo. 91. (2) Where there is evidence of any witness tending to establish the commission of an offense included in the one embraced in the information, but of a lesser degree, it is the duty of the court to instruct the jury upon such lower grade of offense.…
1Opinion of the CourtBrown, J.
Defendant appeals from a judgment of the circuit court of St. Louis City sentencing him to serve five years in the penitentiary for the alleged crime of robbery in the first degree, as denounced by section 4530, Revised Statutes 1909.
The evidence on the part of the State strongly tended to prove that defendant entered a saloon kept by one Koebbe, and by seizing and choking Koebbe’s wife, who was temporarily in charge of said saloon, forced her to permit bim to take about twenty dollars from the cash register, which he carried away and converted to his own use.
It is unnecessary to incumber…
2Cases cited17 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- State v. VaughanSupreme Court of Missouri · 1906
- State v. BidstrupSupreme Court of Missouri · 1911
- State v. NelsonSupreme Court of Missouri · 1893
- State v. TuckerSupreme Court of Missouri · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- State v. FinkelsteinSupreme Court of Missouri · 1917
- State v. ParkerSupreme Court of Missouri · 1914
- State v. ParkerSupreme Court of Missouri · 1959
- State v. FamberSupreme Court of Missouri · 1948
12 more not listed; retrieve them via the Exa API.