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STATE v. SMITH

No. 42800.

626 S.W.2d 669 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Cass Cardell SMITH, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 22, 1981.

Attorney(s) appearing for the Case

Joseph Downey, Public Defender, Mary Elizabeth Dockery and Mary Louise Moran, Asst. Public Defenders, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green and Michael Elbein, Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.

STEWART, Presiding Judge.

A jury found defendant guilty of burglary in the second degree. The court found defendant to be a persistent offender and entered judgment sentencing him to eight years imprisonment.

Defendant contends that the information was insufficient to charge that he was a persistent offender, that the evidence was insufficient to prove the ownership of the premises and that a portion of the State...

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