State v. Brown

COIL, Commissioner.

A jury convicted John Allen Brown, Jr., of robbery in the first degree and fixed his punishment at ten years in the state penitentiary. He has filed no brief on his appeal from the ensuing judgment and thus we examine the assignments of error contained in his motion for new trial.

Assignment 4 charges that the trial court erred in failing to sustain defendant’s motion for judgment of acquittal at the close of the state’s case. Defendant offered evidence in his defense and thereby waived the motion. State v. Hutchin, Mo., 353 S.W.2d 701, 702 [2].

Defendant’s assignment 5…