State v. Johnson

REINHARD, Judge.

Defendant was found guilty of robbery in the first degree, and was sentenced under the Second Offender Act to imprisonment for ten years. §§ 560.120, 560.135, RSMo 1969.

The trial court instructed on robbery in the first degree, requiring the jury to find that defendant acted either alone “or knowingly and with common purpose together with another * * The court also submitted Instruction No. 5, which was MAI-CR 2.10, “General Responsibility for the Conduct of Others”, and refused defendant’s requested instruction on stealing from the person.

The victim, Mark Smith, testified he…