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STATE v. HOWARD

No. 49356.

360 S.W.2d 718 (1962)

STATE of Missouri, Respondent, v. Frank HOWARD, Appellant.

Supreme Court of Missouri, Division No. 1.

October 8, 1962.

Attorney(s) appearing for the Case

Welker & Young, Portageville, for appellant.

Thomas F. Eagleton, Atty. Gen., Theodore C. Beckett, Special Asst. Atty. Gen., Jefferson City, for respondent.

HOUSER, Commissioner.

Frank Howard, indicted under the Habitual Criminal Statute, was convicted by a jury of forcible rape of a female over the age of sixteen years. Section 559.260, RSMo 1959, V.A.M.S. The trial judge heard evidence and found that Howard previously had been convicted of burglary, second degree, and stealing, and that he had been duly sentenced, imprisoned and discharged. The trial judge fixed the punishment

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