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STATE v. CHANEY

Nos. 48242, 48243.

349 S.W.2d 238 (1961)

STATE of Missouri, Respondent, v. Lawrence F. CHANEY, Appellant. STATE of Missouri, Respondent, v. Herbert METCALF, Appellant.

Supreme Court of Missouri, En Banc.

Concurring Opinion September 25, 1961.

Attorney(s) appearing for the Case

W. Stanley Walch, St. Louis, for appellants. Thompson Mitchell Douglas & Neill, St. Louis, of counsel.

John M. Dalton, Atty. Gen., Jerry B. Buxton, and A. Moody Mansur, Asst. Attys. Gen., for respondent.

Thomas F. Eagleton, Atty. Gen., George W. Draper, II, Asst. Atty. Gen., for respondent on Supplemental brief.

HYDE, Chief Justice.

An opinion in this case, adopted in Division No. 1 but transferred to Banc, was not adopted in Banc. The facts from the Divisional opinion, hereinafter set out (without quotation marks), are adopted as a sufficient statement.

Lawrence Chaney and Herbert Metcalf were jointly charged with robbery in the first degree and each was also charged under the Habitual Criminal Act as amended in 1959, V.A.M.S. § 556.280. The trial court found...

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