STATE v. NEWLAND

No. KCD 30462.

592 S.W.2d 495 (1979)

STATE of Missouri, Respondent, v. Kenneth C. NEWLAND, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 31, 1979.


Attorney(s) appearing for the Case

Peter J. Koppe and E. Timothy Shea, III, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and CLARK, JJ.


SWOFFORD, Judge.

Appellant (defendant) was convicted after trial by jury of the offense of Burglary Second Degree and Stealing. The defendant was tried under an amended information charging one prior felony conviction, and accordingly he was sentenced by the court under the Second Offender Act to five years imprisonment on the Burglary charge, and five years on the Stealing charge, to be served concurrently.

On July 19, 1978, the day the jury returned its...

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