State Missouri v. James Earl Ray

The information herein charged the defendant with robbery in the first degree by means of a dangerous and deadly weapon. See
Sections 560.120 and 560.135 (unless otherwise indicated all statutory references are to RSMo 1959, V.A.M.S.). He was also
charged with a prior felony conviction. In accordance with the provisions of Section 556.280 the trial court held a hearing
outside of the presence of the jury and found that defendant had been priorly convicted of robbery, not armed, in the Superior
Court of Cook County, Illinois, and sentenced to confinement in the penitentiary for not less than one nor more than two years
and was imprisoned in the penitentiary under said sentence until duly discharged. The jury thereafter found defendant guilty
of the offense charged. In compliance with the provisions of Section 556.280(1) the trial court fixed defendant's punishment
at imprisonment in the penitentiary for a term of 20 years. Defendant has appealed from the ensuing judgment and sentence. A brief statement of facts will suffice. There was evidence which would support a finding that defendant, together with one
James L. Owens, entered a Kroger Store located at 3417 Ohio Street, St. Louis, Missouri, and took $120 in the manner hereinafter
described. The robbery occurred at about 8:45 a.m. on October 10, 1959. Upon entering the store defendant approached the office
and, with a gun in his hand, demanded money from the "cost manager," Mr. Schaefer. Schaefer avoided giving him any money by
stating that he could not open the safe. Defendant then approached the check-out station of Mrs. Hazel Meyer, pointed the
gun at her, and demanded that she open the cash register. She opened the register and defendant took the money therefrom.
Defendant and Owens left the store and drove away in a black Ford car. Mr. Schaefer obtained the license number on the car
and reported it to the police.