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STATE v. O'BRIEN

No. 42934.

249 S.W.2d 433 (1952)

STATE v. O'BRIEN.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Denied June 9, 1952.

Attorney(s) appearing for the Case

Robert S. Allen, St. Louis, for appellant.

J. E. Taylor, Atty. Gen., Grover C. Huston, Asst. Atty. Gen., for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied June 9, 1952.

BARRETT, Commissioner.

Thomas Joseph O'Brien has been found guilty of burglary in the second degree and of three prior felony convictions and, therefore, the maximum penalty for the burglary, ten years' imprisonment, has been imposed. Sections 556.280(2), 560.095(2) RSMo 1949, V.A.M.S. Upon this appeal it is asserted that the trial court should have directed a verdict for the defendant...

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