Opinion
No. 42922.
September 8, 1952.
APPEAL FROM THE CIRCUIT COURT OF SCOTT COUNTY, RANDOLPH WEBER, SP. JUDGE.
J. Grant Frye, Cape Girardeau, for appellant.
J. E. Taylor, Atty. Gen., Paul N. Chitwood, Asst. Atty. Gen., for respondent.
An information was filed in the circuit court of Cape Girardeau County by the prosecuting attorney charging the appellant with the crime of first degree robbery. A change of venue was granted to the circuit court of Scott County upon an application filed by appellant. Appellant's trial proceeded before the court and jury. The jury returned a verdict finding the appellant guilty as charged and assessed his punishment at five years' imprisonment in the state penitentiary.
No bill of exceptions has been filed and our review is limited to the record proper. State v. Bearden, Mo.Sup., 245 S.W.2d 838.
The information charges that the appellant did "wilfully, unlawfully and feloniously rob, steal, take and carry away the sum of $3500 in lawful money of the United States, the property of the Bank of Gordonville, a banking Corporation * * *, in the presence of and against the will of Dewey Keller, and by then and there putting the said Dewey Keller in fear of some immediate injury to the person of the said Dewey Keller, and by means of a dangerous and deadly weapon, to-wit: a pistol then and there pointed at the said Dewey Keller, the said Dewey Keller then and there being a regularly employed servant and agent of the said Bank of Gordonville and the said Dewey Keller then and there being in charge of the said money and property of the said Bank of Gordonville."
The allegations of this information follow the language of section 560.120 RSMo 1949, V.A.M.S., and the information is, therefore, sufficient. State v. Perry, Mo. Sup., 233 S.W.2d 717.
The information was duly signed and sworn to by the prosecuting attorney and complies with section 545.240 RSMo 1949, V.A.M.S.
The verdict of the jury found the appellant "guilty of robbery in the first degree, as charged in the Information, and assess his punishment at imprisonment in the State Penitentiary for a term of 5 years." The verdict is definite in its findings in that it designates the offense with which the appellant was charged and it prescribes his punishment authorized by section 560.135 RSMo 1949, V.A.M.S., which is the statute that prescribes the punishment for robbery in the first degree.
Appellant was properly granted allocution.
The judgment of the trial court is, therefore, affirmed.
All concur.