State v. Sullivan

WELBORN, Commissioner.

Appeal from 10-year sentence, imposed under Second Offender Act, upon jury verdict finding appellant, James Henry Sullivan, guilty of stealing neat cattle. § 560.161, subd. 2(3), RSMo 1959, V.A.M.S.

The issues raised here all relate to the Second Offender Act. We dispose of the appeal, under the plain error rule, Supreme Court Rule 27.20(c), V.A.M.R., on a ground not raised by appellant.

The amended information, in invoking the Second Offender Act, alleged:

“That defendant, James Henry Sullivan was, in the District Court of Ottawa County, Oklahoma, upon the 21st day of…