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STATE v. McGLATHERY

No. 52173.

412 S.W.2d 445 (1967)

STATE of Missouri, Respondent (Plaintiff), v. Robert Eugene McGLATHERY, Appellant (Defendant).

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied March 13, 1967.

Attorney(s) appearing for the Case

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

Norman H. Anderson, Atty. Gen., Jefferson City, Frederick E. Steck, Sp. Asst. Atty. Gen., Sikeston, for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied March 13, 1967.

WELBORN, Commissioner.

This is an appeal from a judgment imposing a ten-year sentence for burglary in the second degree. The judgment was entered upon a jury's verdict of the guilt of the appellant and the trial judge assessed the punishment in accordance with the Habitual Criminal Act, § 556.280, RSMo 1959, V.A. M.S.

The building involved in the burglary housed the North...

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