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STATE v. SIMPSON

No. 35864.

529 S.W.2d 19 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Percy Lee SIMPSON, Defendant-Appellant.

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

Motion for Rehearing or Transfer Denied October 22, 1975.

Attorney(s) appearing for the Case

Christopher T. Hexter, Legal Aid Society, St. Louis, for defendant-appellant.

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

KELLY, Judge.

Percy Lee Simpson appeals from his conviction of burglary in the Second Degree, § 560.045, RSMo 1969. After a hearing out of the presence of the jury, the trial court also made a finding that the defendant had previously been convicted of a felony, to-wit: Stealing from a Dwelling House, §§ 560.156 and 560.161 ¶ 2[1], RSMo 1969, that the evidence satisfied the requirements of § 556.280 RSMo 1969, the Second Offender Act, and...

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