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State Missouri v. William Robert White

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eBook details

  • Title: State Missouri v. William Robert White
  • Author : Supreme Court of Missouri Division 2
  • Release Date : January 14, 1969
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

A jury has found William Robert White guilty of an assault with malice with intent to rob and fixed his punishment at 10 years'
imprisonment. The information appropriately charged the offense in this language, that on October 10, 1966, White "feloniously,
on purpose and of his malice aforethought, did make an assault on Emily Kaune, with a pistol with the intent to rob the said
Kroger Company, Incorporated, a corporation, in the care and custody of Emily Kaune." State v. Washington, Mo., 357 S.W.2d
92; RSMo 1959, § 559.180. In brief, the circumstances were that just before closing time on October 10th, about 8:45, Mrs. Kaune, the cashier-checker,
in charge of the glass-enclosed cashier's room, was in the process of checking the day's receipts when she "noticed a bag
being pushed towards me from the glass window, and as I looked up, there was this man standing up there with his hand holding
a gun pushed under that glass window, and he told me to put the money in the bag." She said, "I just stood there scared and
stunned," she looked at him again and he repeated "Put the money in the bag" which she proceeded to do, emptying the cash
boxes of about $2000.00. Asked if he then touched the paper bag Mrs. Kaune said, "He must have. He had it folded when he slided
it under the glass partition." Unknown to White, John Simon, a plain clothed security guard employed by Mack's Service Agency
to check shoplifters at the Kroger store at Grand and Florissant was also about to check out but observing White, "I walked
up to him, right behind his back, over his shoulder, and I saw the gun and I told him to raise his hand real slow." Simon
held his gun to his back, told him to drop his gun, White asked if he had a gun "and he reached his hand behind him and grabbed
the muzzle of my gun and wrested it out of my hand." In the scuffle the gun discharged but Simon, weighing 250 pounds, secured
an "armlock" on White, wrestled him to the floor and held him until the police arrived. These circumstances, needless to say,
considering particularly that White pointed a loaded pistol at Mrs. Kaune (State v. Dooley, 121 Mo. 591, 26 S.W. 558), support
the charge and the jury's verdict of "guilty of assault with intent to rob with malice aforethought." State v. Washington,
supra; State v. Bazadier, Mo., 362 S.W.2d 603.


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