STATE v. SULLIVAN

No. 54763.

451 S.W.2d 123 (1970)

STATE of Missouri, Respondent, v. James H. SULLIVAN, Appellant.

Supreme Court of Missouri, Division No. 1.

March 9, 1970.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Dale L. Rollings, Asst. Atty. Gen., Jefferson City, for respondent.

Floyd L. Sperry, Jr., Clinton, for appellant.


WELBORN, Commissioner.

Appeal from 10-year sentence, imposed under Second Offender Act, upon jury verdict finding appellant, James Henry Sullivan, guilty of stealing neat cattle. § 560.161, subd. 2(3), RSMo 1959, V.A.M.S.

The issues raised here all relate to the Second Offender Act. We dispose of the appeal, under the plain error rule, Supreme Court Rule 27.20(c), V.A.M.R., on a ground not raised by appellant.

The amended information, in invoking...

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