State v. Devan
State v. Devan
Opinion of the Court
Tbe prisoner was indicted at tbe December term, 1897, in tbe St. Louis circuit court for robbery in tbe first degree. He was duly arraigned and a plea of not guilty entered. At tbe April term, 1898, be was tried and convicted.
We discover no error in tbe record proper, and tbe indictment is entirely sufficient. Tbe prisoner is not represented by counsel in tbis court.
We bave gone laboriously through tbe whole transcript, and we glean therefrom that on Thanksgiving day, 1897, one Louis 0. Tegtmeier was robbed in Welz’s saloon, on tbe southeast corner of Broadway and Mallinckrodt street in tbe city of St. Louis, about half past ten o’clock of tbe ijight of that day. At that time three men, partially masked with handkerchiefs around their faces,- suddenly came into tbe saloon, placed their revolvers at tbe bead of Tegtmeier and Miller, tbe barkeeper, and threatened them if they made an
The defense was alibi, and insufficient identification. All the facts were fully developed, and the court fully and correctly instructed upon all questions of law arising in the case.
We judge from the motion for new trial that the defendant complained most bitterly of the insufficiency of the evidence, but the trial court declined to interfere on this ground.
While the evidence presents a debatable case, it was sufficient if believed by the jury to sustain the judgment, and it was a question of fact for their determination.
The judgment is affirmed.
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