State v. West

HOLMAN, Commissioner.

The amended information in this case charged defendant with the crime of incest. See § 563.220 (unless otherwise indicated all statutory references are to RSMo 1959, V.A.M.S.). He was also charged with a prior felony conviction. In accordance with the provisions of § 556.280 the trial court held a hearing outside of the presence of the jury and found that defendant had been priorly convicted of incest and sentenced to imprisonment in the penitentiary for a term of seven years, and had been imprisoned in the penitentiary under said sentence. The jury thereafter found the…