HOLLINGSWORTH, Judge.
Defendant was charged under the Second Offense (Habitual Criminal) Act with the crime of burglary in the first degree by breaking into and entering the dwelling house of another, in which there was at the time a human being, with intent to steal, as that offense is defined in Section 560.040 RSMo 1959, V.A.M.S. (to which revision all statutory citations herein refer). Upon trial by jury, he was found guilty as charged. The trial judge, after...
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