State v. Gardner

Defendant was charged by information in the Circuit Court of the City of St. Louis with robbery in the first degree. Upon a trial he was convicted of larceny from the person of an amount less than $30.00, and his punishment assessed by the jury at imprisonment in the penitentiary for a term of three years. Judgment and sentence accordingly, and he appeals.

The motion for new trial assigned numerous errors, all of-which have been abandoned except these two: (1) That instruction No. 2 (hypothesizing larceny from the person) was erroneously given because there was no evidence to support it; and…