State v. Bacon

FRANK CONLEY, Special Judge.

The appeal in this matter was originally filed in the Supreme Court. The cause was ordered transferred to this Court, in which jurisdiction is vested, Article V, Section 3, V.A.M.S., Constitution of Missouri, as amended; Garrett v. State, 481 S.W.2d 225 (Mo. banc 1972).

The defendant was charged with first degree robbery by means of a dangerous and deadly weapon. The death penalty was waived. He was found guilty of the offense and the jury being unable to agree upon punishment, same was fixed by the court at imprisonment for a term of thirty-five years. Defendant…