State v. Collins

HOLMAN, Judge.

Defendant was charged by indictment with the unlawful sale of a narcotic drug. See §§ 195.020 and 195.200. (All statutory references are to RSMo 1959, V.A.M.S.). An information, substituted for the indictment, charged prior felony convictions under the provisions of § 556.280. A jury found defendant guilty and the court fixed his punishment at fifteen years’ imprisonment.

Upon defendant’s appeal to this court we found no trial errors but, because the court failed to make a required finding (imprisonment) to show that the habitual criminal statute was applicable, we reversed and…