(DOWNLOAD) "State Missouri v. Herbert Phelps" by Supreme Court of North Dakota * Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Herbert Phelps
- Author : Supreme Court of North Dakota
- Release Date : January 14, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
By an amended information alleging that defendant had previously been convicted of burglary in the second degree and stealing and thereafter sentenced therefor to two years in the penitentiary on each conviction to run concurrently and paroled (Section 556.280), the defendant was charged with robbery in the first degree by means of a dangerous and deadly weapon. Section 560.120. Prior to trial day, evidence was heard on defendants motion to suppress the use in evidence of articles described in the information, and other articles, and to suppress the testimony of certain police officers and any information gained by them in a search of his person and the seizure of said articles, which motion was overruled. His trial by a jury resulted in a verdict of guilty as charged. The trial court heard evidence of the prior convictions in July, 1961, in the Circuit Court of Jackson County, Missouri, but did not make a finding of record that defendant had prior thereto been convicted, sentenced and subsequently placed on probation, paroled, fined or imprisoned therefor. The court assessed his punishment and sentenced him to serve fifteen years in the Department of Corrections. Defendant was represented at the trial by able counsel appointed by the court. His trial counsel indicated an interest in prosecuting defendants appeal and, with defendants approval, was reappointed by the trial court for that purpose. On defendants motion, he was permitted to appeal in forma pauperis and a transcript was furnished at the expense of the State. Defendants motion for new trial was overruled and he appeals.