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STATE v. BOOKER

No. 35979.

540 S.W.2d 90 (1976)

STATE of Missouri, Plaintiff, v. James W. BOOKER, Defendant.

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

August 10, 1976.

Attorney(s) appearing for the Case

Joseph W. Downey, Asst. Public Defender, William J. Shaw, Public Defender, Clayton, for defendant.

John C. Danforth, Atty. Gen., Christopher R. Brewster, Preston, Dean, Asst. Attys. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., George R. Westfall, Asst. Pros. Atty., Clayton, for plaintiff.

RENDLEN, Judge.

James W. Booker appeals his conviction of rape, § 559.2601 and sentence of life imprisonment under the second offender act, § 556.280, the court having considered his prior convictions of burglary second degree, stealing and rape.

Defendant assigns as error: (1) his prior acquittal of burglary first degree and robbery first degree charges arising from the same transaction constitutes a bar to this trial...

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