State v. Powell

DALTON, Presiding Judge.

This is an appeal from a conviction of burglary in the first degree and a sentence of 10 years’ imprisonment in the state penitentiary. See Sections 560.040 (Laws 1957, p. 374) and 560.095 RSMo 1959, V.A.M.S. The indictment charged the offense under the Habitual Criminal Statute, Sec. 556.280 (Laws 1959, S.B. No. 117). Five previous felony convictions were alleged, shown and found by the trial judge. The punishment was accordingly fixed by the court. Section 556.280 RSMo 1959, V.A.M.S.

The indictment in question, in part, charged: “That Percy Powell in the City of St.…