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STATE v. BAILEY

No. 50634.

383 S.W.2d 731 (1964)

STATE of Missouri, Respondent, v. Walter Marvin BAILEY, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied November 9, 1964.

Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., Jefferson City, George D. Chopin, Special Asst. Atty. Gen., St. Louis, for respondent.

Charles M. Shaw, Clayton, for appellant.

Motion for Rehearing or to Transfer to Court En Banc Denied November 9, 1964.

HOLMAN, Judge.

Walter Marvin Bailey was charged with and found guilty of the offense of burglary in the second degree and the jury fixed his punishment "at imprisonment in the custody of the State Department of Corrections for four years." See Sections 560.070 and 560.095(2), RSMo 1959, V.A.M.S. He has appealed from the ensuing judgment and sentence

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