State v. Van Horn

BOHLING,- Commissioner.

John W. Van Horn appeals from a judgT ment imposing a sentence of five years imprisonment for robbery in the first degree. He claims error was committed in the refusal of an instruction and that.certain remarks of the court constituted prejudicial comment on the evidence.

The sufficiency of the evidence is not questioned. It established that about 3:30 a. m. January 24, .1954, defendant and Wayne Whitt drove into the Arro-Gas service station on old Highway 99 in St. Louis county, Missouri, in Whitt’s 1952 Studebaker coupe automobile, and that Van Horn entered the station…