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STATE v. BRUTON

No. 50071.

383 S.W.2d 525 (1964)

STATE of Missouri, Respondent, v. Donald M. BRUTON, Appellant.

Supreme Court of Missouri, Division No. 2.

November 9, 1964.

Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., O. Hampton Stevens, Asst. Atty. Gen., Jefferson City, for respondent.

Burton H. Shostak, Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, for appellant.

STORCKMAN, Presiding Judge.

A jury found the defendant guilty of murder in the second degree. Section 559.020 RSMo 1959, V.A.M.S. The trial court heard evidence in chambers and made a finding that the defendant had been convicted of a prior felony. The punishment was therefore assessed by the court and the defendant was sentenced to thirty years in the custody of the Department of Corrections. Sections 556.280 and 559.030. The principal contentions on appeal are that...

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