State v. Hampton

EAGER, Judge.

Defendant was found guilty of “Stealing in a value at least $50.00” (Sections 560.- 156 and 560.161 Cum.Supp.1957, V.A.M.S.) ; at the same time he was found “not guilty of Burglary 2nd degree.” The jury being unable to agree upon the punishment, the ■court assessed it at four years in the penitentiary. ' See 42 V.A.M.S. Rule 27.03 and Section 546.440 RSMo 1949, V.A.M.S. Judgment and sentence were thereafter rendered in due course, and after a motion for a new trial was overruled. The amended information included a charge of the prior conviction of a felony, but the jury made no…