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STATE v. SMITH

No. 61378.

592 S.W.2d 165 (1979)

STATE of Missouri, Respondent, v. Paul SMITH and Paul Edward Hodges, Appellants.

Supreme Court of Missouri, En Banc.

December 6, 1979.

Attorney(s) appearing for the Case

James Porter, Asst. Public Defender, St. Louis, for appellants.

John Ashcroft, Atty. Gen., Michael H. Finkelstein, Asst. Atty. Gen., Jefferson City, for respondent.

DONNELLY, Judge.

Appellants, jointly tried, appealed from their conviction by a jury of burglary, second degree and resultant seven year sentences by the court pursuant to the Second Offender Act. This case was transferred after opinion by order of the Missouri Court of Appeals, Eastern District, for reexamination and clarification of the standard for determining the lesser included status of criminal offenses established in State v. Amsden,

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