STATE v. SMITH

No. 36551.

527 S.W.2d 731 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Samuel Joseph SMITH, Defendant-Appellant.

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

September 9, 1975.


Attorney(s) appearing for the Case

Kent Fanning, James C. Jones, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Timothy Verhagen, Asst. Atty. Gen., Brendan Ryan, Circuit Atty., St. Louis, for plaintiff-respondent.


WEIER, Presiding Judge.

Defendant, Samuel Joseph Smith, was convicted of stealing from a dwelling house. §§ 560.156, 560.161, RSMo 1969. Subsequent to the guilty verdict returned by the jury, and upon determining the defendant had a prior conviction, the trial judge sentenced the defendant to six years imprisonment.

On May 6, 1974 Mrs. Gertrude Jones, who resided in a duplex at 1906 North Euclid, St. Louis, Missouri, returned home from work to find...

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