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STATE v. BELL

No. 53923.

442 S.W.2d 535 (1969)

STATE of Missouri, Plaintiff-Respondent, v. Eugene Lee BELL, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied July 14, 1969.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Gene E. Voigts, Asst. Atty. Gen., Jefferson City, for respondent.

Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, for appellant.

Motion for Rehearing or to Transfer to Court En Banc Denied July 14, 1969.

WELBORN, Commissioner.

Appeal from 10-year sentence under Second Offender Act, upon jury verdict of guilty of burglary in the first degree.

At around 2:00 A.M., July 18, 1967, Ronald Sprengnether, the next door neighbor of Mr. Walter Dammer who lived at 3127 Longfellow Boulevard in the City of St. Louis, heard noises in Mr. Dammer's driveway. He decided that there were persons...

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