STATE v. BURGESS

No. 53955.

457 S.W.2d 680 (1970)

STATE of Missouri, Respondent, v. Lewis Lee BURGESS, Appellant.

Supreme Court of Missouri, En Banc.

September 14, 1970.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Warren K. Morgens, Asst. Atty. Gen., Jefferson City, for respondent.

Lewis E. Pierce, Robert G. Duncan, Pierce & Duncan, Kansas City, for appellant.


DONNELLY, Judge.

Appellant, Lewis Lee Burgess, was convicted of perjury (§ 557.010, RSMo 1959, V.A.M.S.) in the Circuit Court of Greene County, Missouri, and his punishment, under the provisions of the Habitual Criminal Act (§ 556.280, RSMo 1959, V.A.M.S.), was assessed at imprisonment for a term of three years. Following rendition of judgment and imposition of sentence an appeal was perfected to this Court.

Appellant asserts that the trial court...

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