STATE v. PITTS

No. 44252.

282 S.W.2d 561 (1955)

STATE of Missouri, Respondent, v. Roy James PITTS, Appellant.

Supreme Court of Missouri, Division No. 2.

October 10, 1955.


Attorney(s) appearing for the Case

No attorney for appellant.

John M. Dalton, Atty. Gen., William B. Waters, Asst. Atty. Gen., for respondent.


BARRETT, Commissioner.

A jury found Roy James Pitts guilty of burglary in the second degree and guilty of larceny in connection with the burglary and, in addition, the jury found a prior felony conviction. The jury, however, was "unable to assess the punishment for such guilt" and the court, as required under the statutes, fixed his punishment at the maximum provided for the two offenses, fifteen years' imprisonment in the penitentiary. V.A.M.S. §§ 546.390...

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