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STATE v. GARTON

No. 49570.

371 S.W.2d 283 (1963)

STATE of Missouri, Respondent, v. Charles W. GARTON, Appellant.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied October 14, 1963.

Attorney(s) appearing for the Case

No attorney for appellant.

Thomas F. Eagleton, Atty. Gen., Jefferson City, Theodore C. Beckett, Sp. Asst. Atty. Gen., Kansas City, for respondent.

DALTON, Presiding Judge.

On March 16, 1962, an amended information was filed in the Circuit Court of Platte County, Missouri, charging defendant Garton, under the Habitual Criminal Act, with the crime of robbery in the first degree by means of a dangerous and deadly weapon. See Secs. 560.120 and 560.135 RSMo 1959, V.A.M.S. and Sec. 556.280 RSMo, as amended Laws 1959, S.B. No. 117, Sec. 1, V.A. M.S. The cause was transferred to Andrew

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