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STATE v. ALLEN

No. 10402.

555 S.W.2d 36 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Bob ALLEN, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

August 8, 1977.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., W. Mitchell Elliott, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

C. R. Rhoades, Pineville, for defendant-appellant.

Before HOGAN, P. J., and NORTHERN and MOORE, Special Judges.

EUGENE E. NORTHERN, Special Judge.

A Newton County jury found defendant Bob Allen guilty of burglary in the second degree and stealing, but the jury was unable to agree upon defendant's punishment. After a timely motion for new trial was filed and overruled, the trial judge ordered the defendant confined in the State Department of Corrections for a term of four years on the charge of burglary in the second degree and a term of four years upon the charge of burglarious...

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