(Download) "State Missouri v. Mose Wesley Sanders" by Supreme Court of Missouri Division 2 * eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Mose Wesley Sanders
- Author : Supreme Court of Missouri Division 2
- Release Date : January 08, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant was convicted by a jury of first degree robbery. The punishment assessed by the jury was the minimum of five years
in the penitentiary, and the court thereafter sentenced defendant to such a term. He has appealed, after an unavailing motion
for a new trial. A brief has been filed here on defendant's behalf. A short summary of the evidence will suffice, as the sufficiency
of the evidence is not questioned. The State's evidence reasonably showed these facts: that two negro men came up to the window or counter of the "Dairi-Swirl"
at 1701 1/2 East Ninth Street in Kansas City, at about 9:45 p.m. on July 14, 1961, and ordered hamburgers; one Carl Ribando
was in charge. He proceeded to cook the hamburgers and when he started to hand the second man his, the man pointed a revolver
at him and told him to "leave the nickels and dimes out"; Ribando took $35 from the cash register, put it in the sack with
the hamburger and gave it to the man, whereupon the two left; the man with the revolver wore a red bandanna on his head. The
"Dairi-Swirl" had exterior lighting. Ribando promptly called the police and reported the occurrence; he was later unable to
identify the men among suspects at police headquarters, On August 14, 1961, one month later, a man walked up to the window
at the same place about 9:00 p.m. and Ribando immediately recognized him as the robber to whom he had given the money previously;
this man placed a cigar box on the ledge or counter, and momentarily waited; Ribando did not go to the window but said, "Wait
a minute," and told his mother nearby to call the police; when she got up to do so, the man walked away. On this occasion
the man again wore a bandanna which Ribando thought was blue. After a brief interval, Ribando went outside and noted that
this man had walked west on Ninth to Highland Avenue and south on Highland. When the officer came, Ribando reported the events,
including his identification of the man, and the two rode south on Highland in the police car. They found defendant (as he
turned out to be) walking near Eleventh and Highland and pulled in behind him; Ribando identified him to the officer as the
man they were looking for. When the officer called "hold it," the man reached in the cigar box which he was carrying and took
out a revolver but, as the officer drew his own gun and ordered him to "drop it," he did so. The revolver was a .32 caliber,
nickel or chrome plated, slightly rusted, and containing three loaded shells and one empty; it was identified at the trial
as identical to the one used in the July robbery. A blue bandanna was found in the man's pocket. This man was arrested and
is the present defendant; he was positively identified by Ribando at the trial as the one who had robbed him.