State v. Harris

By information filed in the Circuit Court of Greene County defendant was charged with robbery in the first degree committed by means of a deadly weapon, to-wit, a pistol. Upon trial he was convicted and his punishment was assessed by the jury at ten years' imprisonment in the penitentiary. The court, applying the provisions of Section 4428, Revised Statutes 1929 (Mo. Stat. Ann., p. 3043), sentenced him to twelve years' imprisonment — "Ten years assessed by jury and two years additional as levied by the judge." Defendant has appealed.

The State's evidence tends to prove that the Bank of…