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STATE v. KELLY

No. 49613.

365 S.W.2d 602 (1963)

STATE of Missouri, Respondent, v. Ted KELLY, Appellant.

Supreme Court of Missouri, Division No. 2.

March 11, 1963.

Attorney(s) appearing for the Case

R. J. Southall, Kansas City, for appellant.

Thomas F. Eagleton, Atty. Gen., John C. Baumann, Asst. Atty. Gen., Jefferson City, for respondent.

EAGER, Presiding Judge.

Defendant was charged with stealing property of over the value of $50, §§ 560.156, 560.161, RSMo 1959, V.A.M.S.,1 and upon trial he was found guilty by a jury. Upon a hearing apart from the jury the court found, in accordance with the allegations of the amended information, that he had been previously convicted, sentenced and imprisoned for a like offense and fixed his punishment at ten years in the penitentiary...

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