STATE v. SUMMERLAND

No. 11637.

610 S.W.2d 392 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Danny K. SUMMERLAND, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

December 29, 1980.


Attorney(s) appearing for the Case

Daniel T. Moore, L. Joe Scott, Daniel T. Moore, Poplar Bluff, for defendant-appellant.

John Ashcroft, Atty. Gen., Kathryn Marie Krause, Thomas G. Auffenberg, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


MAUS, Chief Judge.

The defendant was charged with arson in the second degree in that he knowingly damaged an inhabitable structure owned by another by starting a fire. § 569.050 RSMo 1978. Under the circumstances hereafter related, the jury by its verdict found the defendant guilty but could not agree upon his punishment. The court sentenced the defendant to imprisonment for four years. The defendant, apparently recognizing the contrary to be true, does not question...

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