State v. Kent

HYDE, Presiding Judge.

Defendant, charged under the Habitual Criminal Statute (Sec. 556.280), was found guilty of possession of a narcotic drug and sentenced to ten years’ imprisonment. Secs. 195.020 and 195.200 (statutory references are to RSMo and V.A.M.S.); State v. Kent, Mo.Sup., 375 S.W.2d 40. However, while a prior conviction of defendant was shown, there was no evidence offered to show that, after sentence in the prior case, defendant was “subsequently placed on probation, paroled, fined or imprisoned therefor” as required by Sec. 556.280 to make the Habitual Criminal Statute…