State v. Rush

DALTON, Presiding Judge.

By an amended information filed in the Circuit Court of the City of St. Louis, defendant was charged with burglary in the second degree and larceny under the Habitual Criminal Act with six prior felony convictions. Sections 560.070 and 556.280 RSMo 1949, V.A.M.S. He was acquitted of larceny, but convicted of burglary, second degree, as charged, and his punishment assessed at ten years imprisonment in the State Penitentiary. Section 560.095 RSMo 1949, V.A.M.S. He has appealed, but has filed no brief and we shall examine the assignments contained in his motion for a new…