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STATE v. HERNANDEZ

No. 54570.

462 S.W.2d 790 (1971)

STATE of Missouri, Respondent, v. Vincent HERNANDEZ, Appellant.

Supreme Court of Missouri, Division No. 2.

February 8, 1971.

Attorney(s) appearing for the Case

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

Charles A. Gallipeau, Kansas City, for appellant.

BARRETT, Commissioner.

Vincent Hernandez, with a prior felony conviction, has been found guilty of burglary in the second degree (RSMo 1969, § 560.070, V.A.M.S.) and sentenced to five years' imprisonment.

The two questions raised upon this appeal do not concern the sufficiency of the evidence and so it is sufficient to say that in the early morning hours of March 2, 1968, the police, responding to a call, saw the appellant in the burgled printing plant...

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