State v. Roberts

SHANGLER, Presiding Judge.

The defendant appeals from a judgment of conviction for burglary and stealing returned by a jury verdict and the concurrent sentences of five and ten years imposed by the court upon the defendant as a second offender.

The defendant contends first that the information was insufficient to confer jurisdiction upon the court to sentence under § 556.280, RSMo 1969 [Second Offender Act] for failure to allege that the offense for which defendant had been previously convicted was “punishable by imprisonment in the penitentiary.” This contention, although cast in a somewhat…