SOMERVILLE, Judge.
On June 17, 1971, Rico L. Foster, an inmate in the Missouri State Penitentiary at Jefferson City, Missouri, was charged under the Second Offender Act with having assaulted Sergeant Henry Kemple, a prison guard, in violation of § 216.460, RSMo 1969, V.A.M.S., a felony. He was found guilty by a jury and the court, having made the necessary findings relative to a prior conviction, sentenced defendant to imprisonment for three years. He appeals...
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