NOVAK v. STATE

No. 56970.

491 S.W.2d 236 (1973)

Andrew NOVAK, Jr., Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

March 12, 1973.


Attorney(s) appearing for the Case

Marvin Q. Silver, Murray Stone, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Special Assist. Atty. Gen., St. Louis, for respondent.


HIGGINS, Commissioner.

Appeal (taken prior to January 1, 1972) from denial, after evidentiary hearing, of motion under Rule 27.26, V.A.M.R., to vacate and set aside judgment of conviction of burglary, second degree, and stealing.

On April 20, 1967, Andrew Novak, Jr., was convicted by a jury of burglary, second degree, and stealing. Pursuant to that verdict and upon finding nine prior convictions, as charged, the court assessed his punishment at 10 years' imprisonment...

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