STATE v. RAINS

No. 36265.

537 S.W.2d 219 (1976)

STATE of Missouri, Respondent, v. Paul David RAINS, Appellant.

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

May 11, 1976.


Attorney(s) appearing for the Case

Kenneth L. Waldron, John P. Lichtenegger, Jackson, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, A. J. Seier, Pros. Atty., Cape Girardeau, for respondent.


KELLY, Judge.

Paul David Rains, appellant, takes this appeal from a judgment of the Circuit Court of Cape Girardeau County, entered upon a jury verdict finding him guilty of Burglary, Second Degree, § 560.070, RSMo 1969. Rains' motion for new trial was timely filed, argued and denied. Allocution was granted and the trial court, having previously made a finding, after an evidentiary hearing, that appellant was a "second offender" within the meaning of § 556...

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