State v. Miller

After trial in Division 3 of the Circuit Court, Sixteenth Judicial Circuit, the jury found defendant guilty of robbery in the first degree and assessed his punishment at ten years.

On the day following the robbery, the defendant was arrested. The victim was summoned to the scene of the arrest and identified the defendant as a participant in the robbery. After the confrontation, the defendant and his brother, [see companion case: State v. Miller, 490 S.W.2d 36 (Mo.1973)], arrested and identified at the same time, were taken to the county jail and charged with the robbery.

Defendant appeals that…