State Missouri v. Robert L. Larkins

Defendant, Robert Lee Larkins, appeals from a judgment of conviction entered by the Circuit Court of the City of St. Louis,
Missouri, on a jury verdict, finding him guilty of manslaughter (Count I), § 559.070, RSMo 1969, and assault with
intent to kill with malice (Count II), § 559.180, RSMo 1969. Pursuant to § 556.280 the court sentenced
defendant to the custody of the Missouri Department of Corrections to serve consecutively 10 years on Count I and 15 years
on Count II. For reversal defendant contends that the court erred (1) by admitting a video tape confession without defendant being sufficiently
warned; (2) by submitting to the jury an instruction pertaining to the voluntariness of the confession which did not meet
the Miranda test; (3) by permitting, during trial, the endorsement of witnesses contrary to Rule 24.17, V.A.M.R: (4) by permitting
the introduction of exhibits which tended to prove the perpetration of crimes other than those charged; (5) by failing to
sustain his motion for judgment at the close of all the evidence; (6) by permitting inconsistent judgment between the two
counts to stand; and (7) by refusing to strike the prior felony conviction.