(DOWNLOAD) "State Missouri v. Jerry Washington" by Supreme Court of Missouri Division 2 # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Jerry Washington
- Author : Supreme Court of Missouri Division 2
- Release Date : January 09, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
A jury found the defendant guilty of robbery in the first degree. Section 560.120, RSMo 1959, V.A.M.S. Pursuant to a stipulation
of the parties, the court found that the defendant had been previously convicted of second-degree burglary for which he had
been imprisoned. Therefore, the defendant's punishment was assessed by the court and he was sentenced to five years in the
custody of the Department of Corrections. Sections 556.280 and 560.135. The principal contentions on appeal are that the conviction
is not supported by substantial evidence because the testimony of the witnesses for the prosecution was so inconsistent that
it was entirely discredited, that the court erred in admitting certain evidence, and that an instruction given on behalf of
the state was prejudicially erroneous. In determining the sufficiency of the evidence to support the conviction, the appellate court must consider as true the evidence
favorable to the state together with all favorable inferences that can reasonably be drawn therefrom, and evidence to the
contrary must be rejected. State v. Sykes, Mo., 372 S.W.2d 24, 26[3]; State v. Selle, Mo., 367 S.W.2d 522, 527-528[13].