STATE v. CLARK

No. 53339.

438 S.W.2d 277 (1969)

STATE of Missouri, Respondent, v. Norman Eugene CLARK, Appellant.

Supreme Court of Missouri, Division No. 2.

March 10, 1969.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, W. Scott Pollard, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Davis & Hannegan, Ervin D. Davis, St. Charles, for appellant.


STOCKARD, Commissioner.

Defendant was charged with burglary and with stealing during the commission of the burglary. § 560.110 (statutory references are to RSMo 1959, V.A.M.S.). The information also charged a prior felony conviction. Under the provisions of Supreme Court Rule 26.01(b), V.A.M.R., defendant waived a jury. The trial was had before the court who found the defendant guilty and fixed his punishment at imprisonment for a term of five years for burglary...

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