State v. Crate

McMILLIAN, Judge.

This is an appeal from a judgment of conviction entered by the Circuit Court of the City of St. Louis on a jury verdict finding defendant Willie Crate guilty of murder in the second degree. § 559.020.1 Pursuant to § 556.280, the Second Offender Act, the court sentenced the defendant to the custody of the Department of Corrections for 20 years. Defendant appealed. He contended that the court did not have jurisdiction to assess punishment; therefore, that issue should have been submitted to the jury. We agree and reverse.

Defendant, on March 27, 1971, attended a birthday party…