STATE v. FOSTER

No. 34846.

490 S.W.2d 659 (1973)

STATE of Missouri, Plaintiff-Respondent, v. Daniel Webster FOSTER, Jr., Defendant-Appellant.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or Transfer Denied February 13, 1973.


Attorney(s) appearing for the Case

Shaw & Howlett, Terry J. Flanagan, Clayton, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Gene McNary, Pros. Atty., Thomas E. Dittmeier, Asst. Pros. Atty., Clayton, for plaintiff-respondent.


Motion for Rehearing or Transfer to Supreme Court Denied February 13, 1973.

McMILLIAN, Judge.

This is an appeal from a judgment of conviction entered by the Circuit Court of St. Louis County upon a jury verdict finding defendant guilty of sodomy. Originally defendant was charged under an indictment; however, an information was substituted therefore alleging prior convictions. Consequently, the court, having found of record that the Second Offender Act, 556...

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