State v. Young

BARRETT, Commissioner.

In this case, tried by the court after a waiver in open court of a jury (Criminal Rule 26.01 V.A.M.R.), it was charged, in the language of the statute, that the appellant Julius Young, Jr., with a prior felony conviction of robbery, “did then and there (on May 27, 1966) unlawfully and feloniously have in his possession and under his control, a certain quantity of a narcotic drug, to wit: .003 grams of Heroin.” RSMo 1959 Supp. § 195.020. The court found the appellant guilty and fixed his punishment at six years’ imprisonment. RSMo 1959 § 195.200, subd. 1.(1).

The…