STATE v. FOSTER

No. 53805.

438 S.W.2d 176 (1969)

STATE of Missouri, Respondent, v. Jack Raymond FOSTER, Appellant.

Supreme Court of Missouri, Division No. 2.

March 10, 1969.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Frank E. Vigus, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Michael C. Walther, St. Louis, for appellant.


BARRETT, Commissioner.

The appellant, Jack Raymond Foster, with a prior felony record, has been found guilty of burglary in the second degree and sentenced to six years' imprisonment. Throughout, in the trial of his case and upon appeal to this court, Foster has been represented by diligent, competent court-appointed counsel.

One of his briefed and argued points, preliminary to the merits of the cause, concerns his claim that the statute (RSMo 1959, §...

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