STATE v. DURHAM

No. 52213.

416 S.W.2d 79 (1967)

STATE of Missouri, Respondent, v. Donald Gene DURHAM, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied July 10, 1967.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Gerald L. Birnbaum, Asst. Atty. Gen., Jefferson City, for respondent.

Donald Gene Durham, pro se.


Motion for Rehearing or to Transfer to Court en Banc Denied July 10, 1967.

STOCKARD, Commissioner.

Defendant has appealed from the order of the Circuit Court of Phelps County denying his motion, without an evidentiary hearing, filed pursuant to Criminal Rule 27.26, V.A.M.R.

Defendant was charged under the habitual criminal act and was found guilty by a jury of burglary and stealing. He was sentenced by the court to a term of eight years for the burglary...

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