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STATE v. KENNEDY

No. 51094.

396 S.W.2d 595 (1965)

STATE of Missouri, Respondent, v. John KENNEDY, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Court Denied December 13, 1965.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, Dennis D. Quillen, Special Asst. Atty. Gen., Clayton, for respondent.

Forrest Boecker, St. Louis, for appellant.

Motion for Rehearing or to Transfer to Court En Banc Denied December 13, 1965.

BARRETT, Commissioner.

A jury found the appellant Kennedy guilty of burglary in the second degree and stealing property of the value of "at least" $50.00 and fixed his punishment at two years' imprisonment for each offense (Section 560.095(2) RSMo 1959, V.A.M.S.), "for an aggregate of four years," with the consequence that the sentences are successive, not concurrent. Section 560...

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