STATE v. TRIVITT

No. 10473.

553 S.W.2d 502 (1977)

STATE of Missouri, Respondent, v. James A. TRIVITT, Appellant.

Missouri Court of Appeals, Springfield District.

June 24, 1977.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Paul R. Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Charles Buchanan, Public Defender, Joplin, for appellant.

Before BILLINGS, C. J., and STONE and TITUS, JJ.


TITUS, Judge.

Tried under the habitual criminal statute (§ 556.280, V.A.M.S.), a jury found defendant guilty of the unlawful possession of phenmetrazine hydrochloride, a controlled substance listed in Schedule II of § 195.017, V.A.M.S. The court assessed punishment at ten years' imprisonment and defendant appealed.

On the date in question, the night patrolman for Sarcoxie first encountered defendant at a closed Texaco service station, next saw him...

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