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STATE v. GARRETT

No. 53427.

435 S.W.2d 662 (1968)

STATE of Missouri, Respondent, v. Billy Joe GARRETT, Lonnie Garrett and Sam Irby, Appellants.

Supreme Court of Missouri, Division No. 2.

December 31, 1968.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, McCormick v. Wilson, Asst. Atty. Gen., Jefferson City, for respondent.

Edward F. O'Herin, New Madrid, Missouri, for appellants.

PRITCHARD, Commissioner.

The original judgments and sentences of these three defendants were set aside and their cases were remanded to the trial court for consideration of the evidence (and of any additional evidence) on prior convictions under the Second Offender Act, § 556.280, RSMo 1959, V.A.M.S., and for appropiate findings thereon by the trial court. See State v. Garrett, Mo., 416 S.W.2d 116, 119, 120. The defendants...

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