State v. Franklin

DOWD, Presiding Judge.

A jury found appellant guilty of murder first degree and robbery first degree by means of a dangerous and deadly weapon §§ 559.007, R.S.Mo.Supp.1975, 560.120 and 560.135, R.S.Mo.Supp.1975. He was sentenced to life imprisonment for the murder conviction and twenty-five years on the robbery conviction. This appeal follows.

At approximately 8:00 p. m. on May 28th 1976, David Green was returning to his home at 4821 Blair in St. Louis. After entering his house Green noticed three men, one of whom was appellant, in his backyard. Green asked the men what they wanted and one…