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STATE v. PORTER

No. 53745.

458 S.W.2d 256 (1970)

STATE of Missouri, Respondent, v. Charles Earl PORTER, Appellant.

Supreme Court of Missouri, Division No. 1.

October 12, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Frank P. Cihlar, Asst. Atty. Gen., Jefferson City, for respondent.

William C. Connett, IV, Timothy B. Matz, St. Louis, for appellant, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

BARDGETT, Judge.

Defendant was prosecuted by information under the Second Offender Act (§§ 556.280 and 556.290 RSMo 1959, V.A.M.S.) for attempted arson, a violation of § 560.035 RSMo 1959, V.A.M.S. He was found guilty by a jury and sentenced by the Court to imprisonment for three years and he now appeals.

The building involved in this attempted arson case is an occupied, small two-story frame dwelling house, located at 2808 Burd, St. Louis,...

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