State v. Clark

GUNN, Judge.

Defendant appeals from his jury conviction for first degree robbery alleging two points of trial court error: (1) certain admitted evidence was the product of an unlawful search and seizure; (2) the instructions deviated from MAI-CR 2d and did not properly instruct on the culpable mental state required for conviction. We affirm.

In the early morning hours of January 12, 1979, a Ferguson 7-11 Store was robbed of approximately $300 in cash, and a number of blank money orders were taken. While one robber, positively identified as the defendant, asked for a pack of cigarettes, his…