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STATE v. GIBSON

No. 9992.

543 S.W.2d 273 (1976)

STATE of Missouri, Respondent, v. Harrison GIBSON and Frank Wayne Maupin, Appellants.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing Denied October 6, 1976.

Application to Transfer Denied December 13, 1976.

Attorney(s) appearing for the Case

Scott B. Tinsley, Springfield, for appellants.

John C. Danforth, Atty. Gen., Charles L. Howard, Asst. Atty. Gen., Jefferson City, for respondent.

Before HOGAN, P. J., FLANIGAN, J., and CAMPBELL and PYLE, Special Judges.

FLANIGAN, Judge.

Appellants, Harrison Gibson and Frank Wayne Maupin, each tried under the Second Offender Act (556.280 V.A.M.S.), were convicted by a jury of the crime of attempting (556.150 V.A.M.S.) to commit the offense of burglary in the second degree (560.070 V.A.M.S.). Each received a sentence of five years imprisonment.

The sole contention of each appellant is that there was a fatal variance between the offense charged in the information and the offense...

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