No. 53381.

439 S.W.2d 510 (1969)

STATE of Missouri, Respondent, v. Francis Lee ROBB, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion to Transfer Denied April 14, 1969.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, F. Daley Abels, Special Asst. Atty. Gen., St. Louis, for respondent.

John B. Newberry, Springfield, for appellant.

Motion to Transfer to Court En Banc Denied April 14, 1969.

HOUSER, Commissioner.

Charged with one prior conviction of a felony and burglary and stealing, Francis Lee Robb was acquitted of burglary, convicted of stealing and committed to the custody of the department of corrections for five years under the Second Offender Act. On this appeal he takes exception to two instructions given the jury, challenges the sufficiency of the evidence to prove a previous...


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