State v. Draper

DONNELLY, Judge.

James Draper was convicted of first degree robbery, § 569.020, RSMo 1978, and sentenced to eighteen years in prison. The Western District Court of Appeals reversed his conviction and remanded the case for a new trial. A dissenting judge deemed the majority opinion to be in conflict with State v. Smith, 649 S.W.2d 417 (Mo. banc 1983), and State v. Harrell, 637 S.W.2d 752 (Mo.App.1982), and certified the cause to this Court pursuant to Mo. Const, art. Y, § 10. We reverse the trial court’s judgment and remand the cause for a new trial.

On August 17, 1982, at approximately 7:15…