State v. Howard

HOUSER, Commissioner.

Frank Howard, indicted under the Habitual Criminal Statute, w'as convicted by a jury of forcible rape of a female over the age of sixteen years. Section 559.260, RSMo 1959, V.A.M.S. The trial judge heard evidence and found that Howard previously had been convicted of burglary, 'second degree, and stealing, and that he had been duly sentenced, imprisoned and discharged. The trial judge fixed the punish ment at 50 years’ imprisonment in the state penitentiary. Howard’s attorney filed a motion for new trial, which the court overruled after a hearing. After allocution and…