State v. Dulaney

BARRETT, Commissioner.

Fred Lee Dulaney, with a prior felony conviction of murder, has been found guilty of robbery by means of a dangerous and deadly weapon (RSMo 1959, §§ 560.-120, 560.135, V.A.M.S.) and his punishment fixed at ten years’ imprisonment.

In the trial of the cause his employed counsel stipulated the fact of the prior conviction and no point was made in the' trial of the cause to his prosecution as a second offender (RSMo 1959 Supp. § 556.-280, V.A.M.S.) until his motion for a new trial. In that motion his assignment is that “the prior conviction act that defendant was sentenced…