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STATE v. DRAKE

No. 45435.

298 S.W.2d 374 (1957)

STATE of Missouri, Respondent, v. Carl Benton DRAKE, Appellant.

Supreme Court of Missouri, Division No. 1.

February 11, 1957.

Attorney(s) appearing for the Case

Cecil Block, St. Louis, for appellant.

John M. Dalton, Atty. Gen., Donal D. Guffey, Asst. Atty. Gen., for respondent.

HYDE, Judge.

Defendant appealed from conviction of burglary in the second degree and sentence of two years in the penitentiary. (See Secs. 560.070 and 560.095, statutory references are to RSMo and V.A.M.S.) He was charged jointly with Thomas Jesse Brown but was granted a severance. Brown was tried first, convicted and sentenced to two years in the penitentiary and this judgment was affirmed on his appeal. State v. Brown...

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