STATE v. BALLARD

No. KCD 28858.

554 S.W.2d 459 (1977)

STATE of Missouri, Respondent, v. Leo W. BALLARD, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 27, 1977.

Application to Transfer Denied September 12, 1977.


Attorney(s) appearing for the Case

Joe Hamilton Scott, Public Defender, St. Joseph, for appellant.

John D. Ashcroft, Atty. Gen., Bruce E. Anderson, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and WASSERSTROM and TURNAGE, JJ.


WASSERSTROM, Judge.

Defendant appeals from conviction by jury of burglary in the first degree, under Count I of the information, and of felonious assault with malice aforethought, under Count II of the information. Applying the second offender act, the trial court assessed the punishment which it fixed at ten years imprisonment on the burglary and thirty-five years on the assault.

The events in question occurred at the home of Gary and Mary Huffman on the...

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