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STATE v. POLLARD

No. KCD 30274.

588 S.W.2d 212 (1979)

STATE of Missouri, Respondent, v. Howard B. POLLARD, Appellant.

Missouri Court of Appeals, Western District.

October 1, 1979.

Attorney(s) appearing for the Case

Larry E. Tate, Williams, Reesman & Tate, Boonville, for appellant.

John D. Ashcroft, Atty. Gen., Brenda Farr Engel, Asst. Atty. Gen., Jefferson City, for respondent.

Before HIGGINS, Special Judge, Presiding, WELBORN, Special Judge and SWOFFORD, C. J.

SWOFFORD, Judge.

The appellant (defendant) was tried under an information substituted for an indictment, under the Second Offender Act for the offenses of Rape (Count I); Sodomy (Count II); and Armed Criminal Action (Count III). The trial court upon stipulation by counsel found that the Second Offender Act was applicable because of defendant's three previous felony convictions in the State of Illinois. After trial of the charges here involved before a jury, the defendant...

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