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STATE v. KRECH

No. 34560.

492 S.W.2d 123 (1973)

STATE of Missouri, Respondent, v. Ralph James KRECH, Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

February 27, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Gene McNary, Pros. Atty., George R. Westfall, Asst. Pros. Atty., G. Michael O'Neal, Asst. Atty. Gen., Clayton, for respondent.

J. Kehlor Carr, Jr., Clayton, for appellant.

CLEMENS, Judge.

A jury found defendant guilty of second-degree burglary (§ 560.070)1 and the court sentenced him under the Habitual Criminal Act, (§ 556.280) to six years confinement. Defendant appeals on the grounds the verdict was not supported by the evidence and the trial court erred by giving a "hammer" instruction.

Law officers apprehended defendant and another man during the nighttime while prying open a vending...

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