State v. Sullivan

ROBERT G. RUSSELL, Special Judge.

James H. Sullivan was first tried on a charge of stealing neat cattle on January 3, 1969 and was convicted and sentenced to serve a term of ten years. That conviction was reversed, State v. Sullivan, Mo. (1970), 451 S.W.2d 123, and defendant was retried on December 14, 1970. That trial ended in a hung jury, and on March 12, 1971 defendant once again was tried and on conviction was sentenced to serve a term of ten years in the penitentiary. Defendant has appealed from the verdict and sentence.

Prior to his third trial defendant had filed an affidavit for…