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  5. 232 S.W.2d 519 (1950)
 

STATE v. MEDLEY

Nos. 41694, 41707.

232 S.W.2d 519 (1950)

STATE v. MEDLEY. STATE v. FITHEN.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied September 11, 1950.

Attorney(s) appearing for the Case

Milton B. Kirby, Springfield, for appellants in error.

J. E. Taylor, Attorney General, Harry H. Kay, Assistant Attorney General, for defendant in error.

DALTON, Judge.

Defendants were jointly charged, tried and convicted of possession of burglar's tools under Sec. 4449, R.S. 1939, Mo.R.S.A., and the punishment of each was fixed at five years imprisonment in the penitentiary. A single record has been brought up for review on writ of error.

An information was duly filed in the Circuit Court of Cole County on February 3, 1949, wherein it was charged that defendants Fithen and Medley and one Robert Charles Hand...

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