State v. Wolfe

LEEDY, Judge.

Appellant was charged with statutory rape under the provisions of § 559.260 (all statutory references are to RSMo 1949 and V.A.M.S., unless otherwise expressly noted), and, for the purpose of enhancing the punishment under the Habitual Criminal Act (§ 556.280 as repealed and reenacted, Laws 1959, S.B. 117, § 1, and § 556.290), the information alleged his ten prior felony convictions. In conformity with the requirements of § 556.280, the trial judge (out of the presence of the jury and prior to the submission of the case) heard and determined the evidence of the alleged prior…