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STATE v. CROW

No. 11394.

600 S.W.2d 162 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Glen Eugene CROW and Roy Maggard, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Four.

Motion for Rehearing or to Transfer Denied May 28, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

David Robards, Public Defender, Joplin, for defendants-appellants.

John Ashcroft, Atty. Gen., Kathleen Mills, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

MAUS, Judge.

The defendants were separately charged under the Second Offender Act with the second degree burglary of a supermarket. By agreement, they were jointly tried. Each was found guilty by the jury and sentenced by the court to ten years' imprisonment. They filed a joint notice of appeal to the Supreme Court asserting that court had jurisdiction because of constitutional implications of the Second Offender Act (former § 556.280 RSMo) and its repeal. The...

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