State v. McCullough

HIGGINS, Commissioner.

Appellant was charged by. information in the Circuit Court of Phelps County, October 7, 1965, with the felony of robbery in the first degree. Section 560.120, V.A.M.S. Upon change of venue, a jury found him guilty and assessed his punishment at 5-years’ imprisonment in the penitentiary. Sentence and judgment were rendered accordingly.

Appellant tacitly concedes that the evidence was sufficient to sustain the conviction by his own statement of the case: “The State’s evidence showed that the prosecuting witness was on September 24, 1965, in a beer tavern in St. James,…