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STATE v. LINDER

No. 52276.

412 S.W.2d 412 (1967)

STATE of Missouri, Respondent, v. Orville Hubert LINDER, Appellant.

Supreme Court of Missouri, Division No. 2.

March 13, 1967.

Attorney(s) appearing for the Case

Lewis E. Pierce, Robert G. Duncan, Pierce, Duncan, Beitling & Shute, Kansas City, for appellant.

Norman H. Anderson, Atty. Gen., Jefferson City, Glen C. Schomburg, Sp. Asst. Atty. Gen., Kirkwood, for respondent.

BARRETT, Commissioner.

Charged with burglary in the second degree (RSMo 1959, § 560.070, V.A.M.S.) and a prior felony conviction (RSMo 1959, § 556.280, V.A.M.S.), a jury found the appellant Orville Linder guilty as charged and, after a hearing on allocution, the court fixed his punishment at seven years' imprisonment.

His first point is that the court erred in permitting the state to amend the information "after trial commenced to change the allegation...

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