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  5. 582 S.W.2d 330 (1979)
 

STATE v. McCOLLUM

Nos. KCD 29962, KCD 29925.

582 S.W.2d 330 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Buddy M. McCOLLUM, Defendant-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 11, 1979.

Application to Transfer Denied July 17, 1979.

Attorney(s) appearing for the Case

Howard L. McFadden, Jefferson City, for defendant-appellant.

Paul R. Otto, Jefferson City, for plaintiff-respondent.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 11, 1979.

KENNEDY, Judge.

We affirm defendant's conviction of failure to return to prison after being permitted to go at large, a felony under § 557.351, RSMo Supp.1975. The judgment followed a jury verdict of guilty. Under the Habitual Criminal Act he was sentenced by the Court to five years in the Department of Corrections.

The facts are these:

Defendant McCollum, a prisoner...

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