Article clipped from Carthage Press

Supreme Court Orders NewTrial in Case HereA new trial was ordered by the Missouri Supreme Court Monday for Charles Rodebush, 33, Jasper Route 3, who was found guilty of first-degree robbery in December 1970.The high court said the jury of Jasper County Circuit Court was not properly instructed on conflicting testimony.Rodebush was charged, along with David Butler with the April 2,1970, robbery of Robert Wicks, a Cincinnati, Ohio, auditor who was in Joplin on business. Rodebush was found guilty by a jury in Division No. 2 after trial Dec. 4,1970. He was sentenced to five years in custody of the Department of Corrections and appealed March 8, 1971, and was released on $2,000 bond pending appeal.The case against Butler is pending trial in Division No. 1.Wicks said his car had become stuck on M-96 and two men offered to help for money and then robbed him of about $180.Robebush was arrested on other charges the following day. In his possession were several of the bills taken from Wicks, which were identified by their serial numbers which Wicks had recorded.The Supreme Court declared Rodebush had not received a fair trial because conflicts between Wicks’ testimony at the trial and an earlier tape recording of his testimony at a preliminary hearing created “upspoken sentiments” that could have been reflected in the jury’s verdict. The jury had not been instructed on the contradictions, the high court noted.'Hie court also declared the contradictions in Wicks’ statements were critical toRodebush’s claim that he did not participate in the robbery.At the preliminary hearing Wicks’ said Rodebush was in the car and that Butler had demanded the money, which later conflicted with testimony that Rodebush was standing directly behind Butler.
Newspaper Details

Carthage Press

Carthage, Missouri, US

Tue, Dec 12, 1972

Page 5

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NA, 19 May 2025

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