State v. Murray

EAGER, Judge.’"

Defendant was charged with first degree robbery in Jackson County; by amended inforfnation a prior conviction of felonious assault in the State of Kansas was added to the charge in order to support a conviction and punishment under the so-called Habitual Criminal Act, Sections 556.280 and 556.290 RSMo 1949, V.A.M.S.' At the trial defendant' was convicted of first degree robbery and•. his' punishment assessed at nine years in the penitentiary. The jury did not impose the life sentence which would have been mandatory under the above act, if found applicable. '

Respondent has filed…