State Missouri v. Van Lamont Clark III

Defendant appeals from his jury conviction for first degree robbery alleging two points of trial court error: (1) certain admitted evidence was the product of an unlawful search and seizure; (2) the instructions deviated from MAI-CR 2d and did not properly instruct on the culpable mental state required for conviction. We affirm. In the early morning hours of January 12, 1979, a Ferguson 7-11 Store was robbed of approximately $300 in cash, and a number of blank money orders were taken. While one robber, positively identified as the defendant, asked for a pack of cigarettes, his companion pointed a pistol at the store's lone employee. Defendant then removed money from the cash register and the safe which was ordered opened. Blank money orders and a blue bank money bag were also taken from the safe. When a customer's auto stopped in front of the store, the robbers made a hasty exit and were observed driving off in an auto which had been parked nearby.