State v. Brown

HIGGINS, Commissioner.

Herbert Arthur Brown was convicted by a jury of felonious assault with intent to rob with malice aforethought. The jury was unable to agree on defendant’s punishment ; the court assessed his punishment at ten years’ imprisonment and rendered sentence and judgment accordingly. § 559.180, V.A.M.S.; Rule 27.03, V.A.M.R.

Appellant does not question the sufficiency of evidence to sustain his conviction; and a jury reasonably could find that at 12:30 a. m., December 27, 1970, Herbert Arthur Brown, wearing a handkerchief mask and armed with a.pistol, in company with one Jones,…