State v. Trivitt

TITUS, Judge.

Tried under the habitual criminal statute (§ 556.280, V.A.M.S.), a jury found defendant guilty of the unlawful possession of phenmetrazine hydrochloride, a controlled substance listed in Schedule II of § 195.017, V.A.M.S. The court assessed punishment at ten years’ imprisonment and defendant appealed.

On the date in question, the night patrolman for Sarcoxie first encountered defendant at a closed Texaco service station, next saw him purchasing gasoline at an opened station and finally accosted defendant to admonish him against driving his station wagon in the nighttime through…