State v. Tomlin

HOUSER, Commissioner.

Spencer Lee Tomlin, found by a jury to be guilty of robbery in the first degree by means of a dangerous and deadly weapon and sentenced to 12 years’ imprisonment by the Circuit Court of the City of St. Louis under the Second Offender Act, has appealed, claiming that the State failed to prove the corpus delicti; failed to prove the material allegations of the indictment; failed to establish the identity of defendant as the robber, and failed to instruct on defendant’s theory of the case (alibi).

The charge was armed robbery of one Rosie Lee Johnson, wife of E. S. Johnson,…