State Missouri v. Harold Cobb

MO.371 , 444 S.W.2d 408 (1969)

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Beschreibung des Verlags

A jury convicted the defendant Harold Cobb of burglary in the second degree and stealing in connection therewith and fixed
his punishment at two-years imprisonment on each charge. The court ordered the sentences to run consecutively and not concurrently.
Section 560.110, RSMo 1959, V.A.M.S. The defendant was ably represented in the trial court by court-appointed counsel who
also represents him on this appeal. A co-defendant Ernest Greer was also convicted, but his conviction was set aside because
it was discovered that he was under seventeen years of age when the crime was committed. The defendant Cobb is the sole appellant.
He attacks the sufficiency of the evidence to support the verdict, the giving of certain instructions, and allowing the state
during the trial of the case to amend the information and to endorse on it the names of additional witnesses. On February 27, 1967, at approximately 4:25 a.m., in response to a burglar alarm, a police patrol car was dispatched to a
drug store owned and operated by Bingaman's No. 1 United Super Market, Inc., which was located at the State Fair Shopping
Center in Sedalia. It had been raining and the pavement was wet. The evidence most favorable to the verdict shows that when
the patrol car arrived at the parking lot the police officers, James Tuttle and Charles Shepherd, saw a GTO Pontiac automobile
occupied by the defendant and three other persons about 20 feet from the north door of the drug store, sometimes referred
to as Bing's or Bing's No. 1. The lights on the Pontiac were completely off and it was moving slowly. As the patrol car entered
the parking lot, the Pontiac accelerated and was driven rapidly from the parking lot. As it turned left on Limit Avenue, the
rear end "fishtailed" and the car skidded into a ditch; it then came back across the highway and stalled in the middle of
the road and crossways of it.

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