State v. Day

SOMERVILLE, Judge.

Defendant, charged by an information under the Second Offender Act with robbery in the first degree (Section 560.120 RSMo 1969), was found guilty by a jury and his punishment was assessed by the court at twelve years confinement in the Department of Corrections. Defendant timely appealed.

On appeal, defendant’s dissidence with his trial is expressed in a single point which he claims entitles him to reversal of his conviction and remand of the case for a new trial — the trial court erred in permitting one of the state’s witnesses (Bonnie Miller) to testify that an alleged…