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STATE v. JOHNSON

No. 53156.

432 S.W.2d 284 (1968)

STATE of Missouri, Respondent, v. Earsel Larry JOHNSON, Appellant.

Supreme Court of Missouri, Division No. 1.

October 14, 1968.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, Thomas J. O'Brien, Sp. Asst. Atty. Gen., Kansas City, for respondent.

R. Leroy Miller, Trenton, for appellant.

HIGGINS, Commissioner.

Appellant was convicted by a jury of breaking county jail and escaping. Section 557.380, V.A.M.S. Pursuant to that verdict and upon a finding of prior felony conviction, the court assessed appellant's punishment at 3-years' imprisonment in custody of the Department of Corrections and sentenced him accordingly. Sections 556.280 and 557.380, V.A.M.S.

Appellant was convicted by a jury September 16, 1966, of exhibiting ("brandishing and...

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