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WHITAKER v. STATE

Nos. 54556, 54557.

451 S.W.2d 11 (1970)

Jessie D. WHITAKER, Appellant, v. STATE of Missouri, Respondent. STATE of Missouri, Respondent, v. Jessie D. WHITAKER, Appellant.

Supreme Court of Missouri, Division No. 2.

March 9, 1970.

Attorney(s) appearing for the Case

Robert G. Duncan, Austin F. Shute, Pierce, Duncan & Hill, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Thomas L. Patten, Asst. Atty. Gen., Jefferson City, for respondent.

STOCKARD, Commissioner.

Defendant was charged under the provisions of the habitual criminal act then in effect, § 556.280, now repealed, with robbery, first degree. He was found guilty of the robbery, but the jury made no finding as to the previous convictions and imposed a sentence of imprisonment for a term of forty-five years. On appeal the judgment was affirmed. State v. Whitaker, Mo., 312 S.W.2d 34.

Defendant has...

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