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STATE v. VIRDURE

No. 49815.

371 S.W.2d 196 (1963)

STATE of Missouri, Respondent, v. Alvin Herden VIRDURE, Appellant.

Supreme Court of Missouri, Division No. 2.

October 14, 1963.

Attorney(s) appearing for the Case

James J. Rankin, St. Louis, for appellant.

Thomas F. Eagleton, Atty. Gen., Jefferson City, Dale Reesman, Sp. Asst. Atty. Gen., Boonville, for respondent.

PRITCHARD, Commissioner.

Defendant was found guilty by the verdict of a jury of the possession of narcotics, and since he was charged in the substitute information filed in lieu of indictment with being a habitual criminal, this fact being found by the trial court, [RSMo § 556.280, V.A.M.S.] his punishment, after his motion for new trial was overruled and allocution was granted, was set by the court at confinement in the Department of Corrections of the State...

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