State v. Johnson

Defendant appeals from a jury verdict and conviction of robbery under section 94-5-401, R.C.M.1947, and the increased sentence imposed under the prior conviction statute, section 95-1506, R.C.M.1947, by the Court in Silver Bow County.

On February 10, 1977, at approximately 2:00 p.m. a man wearing an army jacket and a ski mask entered “Mom’s Cellar.” Two patrons and the bartender Charlene Bull, were present in the bar at the time. The man was carrying a gun. He stated, “This is a robbery. Give me all your money.” He then fired a shot which struck near the bartender’s foot. During the 20 minute…