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STATE v. POWELL

No. 48953.

357 S.W.2d 914 (1962)

STATE of Missouri, Respondent, v. Percy POWELL, Appellant.

Supreme Court of Missouri, Division No. 1.

June 11, 1962.

Attorney(s) appearing for the Case

Richard L. Hughes, St. Louis, for appellant.

Thomas F. Eagleton, Atty. Gen., Eugene G. Bushmann, Asst. Atty. Gen., Jefferson City, for respondent.

DALTON, Presiding Judge.

This is an appeal from a conviction of burglary in the first degree and a sentence of 10 years' imprisonment in the state penitentiary. See Sections 560.040 (Laws 1957, p. 374) and 560.095 RSMo 1959, V.A.M.S. The indictment charged the offense under the Habitual Criminal Statute, Sec. 556.280 (Laws 1959, S.B. No. 117). Five previous felony convictions were alleged, shown and found by the trial judge. The punishment was accordingly fixed by...

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