State v. Butler

HIGGINS, Commissioner.

Appellant waived jury trial and was convicted by the court of burglary, second degree, and stealing. Criminal Rule 26.01, V.A.M.R.; §§ 560.070, 560.110, V.A.M.S. Pursuant to such conviction and upon a further finding of prior conviction, the court assessed appellant’s punishment at 5-years’ imprisonment in the penitentiary for each crime and sentenced him accordingly, further ordering the sentences to run concurrently. §§ 556.280, 560.095, 560.110, V. A.M.S.

Appellant’s point I claims that the “purported waiver of trial by jury * * * was in violation of the rights of the…