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STATE v. RUSSELL

No. 11010.

581 S.W.2d 61 (1979)

STATE of Missouri, Plaintiff-Respondent, v. James Richard RUSSELL, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

April 27, 1979.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Daniel T. Moore, Poplar Bluff, for defendant-appellant.

GREENE, Judge.

Defendant was charged, by information filed on March 7, 1977, in Butler County, Missouri, with one count of forcible rape and one count of sodomy. Subsequently, the information was amended to charge defendant with those offenses under the Second Offender Act, § 556.280 RSMo 1969, V.A.M.S. The court, after hearing, found the defendant to be a second offender, since he had a prior felony conviction. The case was tried before a jury in Butler County...

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