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STATE v. WITHERSPOON

Nos. 54102, 54103.

460 S.W.2d 281 (1970)

STATE of Missouri, Respondent, v. Robert WITHERSPOON and Harold Hamilton, Appellants.

Supreme Court of Missouri, Division No. 1.

December 14, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Peter H. Ruger, Asst. Atty. Gen., Jefferson City, for respondent.

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

HENRY A. RIEDERER, Special Judge.

Defendant Robert Witherspoon was tried and convicted jointly with defendant Harold Hamilton, but each has appealed separately. They were both found guilty of possession of burglar tools by the same jury, which was unable to agree on the punishment. The trial court thereupon, and after allocution, sentenced each to five years in the custody of the Missouri department of corrections. Since the same

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