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• Title: State Missouri v. Johnny Velanti
• Author : Supreme Court of Missouri
• Release Date : January 08, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Defendant, Johnny Velanti, was found guilty of the offense of robbery in the first degree and his punishment was fixed by
the jury at imprisonment in the penitentiary for a period of 20 years. See §§ 560.120 and 560.135 (all
statutory references are to RSMo 1949, V.A.M.S.). The information charged defendant with two prior felony convictions under
the provisions of § 556.280 but the punishment fixed by the jury indicates that it did not find the elements required
for the assessment of the punishment under that statute. Defendant has duly appealed but has filed no brief so we will review
the assignments properly made in his motion for new trial. The robbery in this case occurred at the Drake Hotel located at 1016 Locust, Kansas City, Missouri. Sterling M. Ringo was
the clerk on duty in the late afternoon of February 9, 1959. He testified that about 5 p.m. a man (this witness and another
identified the person committing the robbery as the defendant and for convenience we will hereinafter refer to him in that
manner) came up to the desk and said, "Don't move. Put your hands in your pocket, and don't say anything, and nobody will
get hurt"; that defendant then had his hand in the right pocket of his coat in such manner as to make it appear that he had
a gun in his pocket. The witness stated that about that time someone came to the desk and defendant said, "Go ahead and wait
on him"; that after he had gone defendant went behind the counter and took the money out of the money drawer and put it in
his left coat pocket. At about that time three other people came in and defendant said to them, "I want to see this gentleman
in the back room and he will be right back." Defendant then had the witness go in the back room and told him to stay there
five minutes, and defendant then left. After defendant had gone Mr. Ringo went to the switchboard and called the police. The
witness testified that the defendant took approximately $182; that there was one twenty-dollar bill, a number of five and
ten-dollar bills, and a lot of one-dollar bills; that he let him have the money because he thought he had a gun in his pocket
and he was "in fear." Mr. Ringo stated that the defendant did not have on a mask and was dressed in a light gray suit, a white
shirt, and a brown tie with a small figure in it. He positively identified the defendant as the man who took the money.

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