394 S.W.2d 368 (Mo. 1965), 51237, State v. Collins

Docket Nº:51237.
Citation:394 S.W.2d 368
Party Name:STATE of Missouri, Respondent, v. Jesse Franklin COLLINS, Appellant.
Case Date:October 11, 1965
Court:Supreme Court of Missouri
 
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Page 368

394 S.W.2d 368 (Mo. 1965)

STATE of Missouri, Respondent,

v.

Jesse Franklin COLLINS, Appellant.

No. 51237.

Supreme Court of Missouri.

October 11, 1965

Page 369

Norman H. Anderson, Atty. Gen., Jefferson City, Richard G. Altobelli, Sp. Asst. Atty. Gen., St. Louis, for respondent.

William H. Webster, Richard J. Sheehan, St. Louis, for appellant.

HOLMAN, Judge.

Defendant was charged by indictment with the unlawful sale of a narcotic drug. See Secs. 195.020 and 195.200. (All statutory references are to RSMo 1959, V.A.M.S.). An information, substituted for the indictment, charged prior felony convictions under the provisions of Sec. 556.280. A jury found defendant guilty and the court fixed his punishment at fifteen years' imprisonment.

Upon defendant's appeal to this court we found no trial errors but, because the court failed to make a required finding (imprisonment) to show that the habitual criminal statute was applicable, we reversed and remanded the case with directions to the court 'to cause the defendant to be brought before it to hold a hearing on the issue of the applicability of the habitual criminal statute of defendant and if proved that, after being sentenced on his former conviction, he was either placed on probation, paroled, fined or imprisoned therefor, to pronounce sentence and judgment against defendant taking all proper procedural steps required therefor by law and the rules of this court but in the alternative if the habitual criminal statute be found inapplicable to the defendant to grant him a new trial on all issues.' State v. Collins, Mo.Sup., 383 S.W.2d 747, 752.

In accordance with our mandate the court held a hearing at which the State offered (and the court admitted) a certified copy of a judgment of the District Court of the United States for the Eastern District of Missouri (Exhibit 1) which recited that Jesse Collins had been convicted upon his plea of guilty of the crimes of possession and sale of heroin, a derivative of opium, and he was sentenced (on January 18, 1951), to five years' imprisonment on each offense with said sentences to run concurrently. Also admitted was Exhibit 2, a certificate of the Records Control Supervisor of the Federal Detention Headquarters, New York, New York, which recited the following concerning Jesse Collins: 'Sentence, five years; Court, U. S. District--Eastern Missouri; Date of sentence, January 18, 1951; When received, January 25, 1951; Expiration of sentence, August 9, 1954; Discharged, August 9, 1954.' A similar certified record, which was admitted, contained two photographs of the prisoner, Jesse Collins--one taken July 11, 1951, and the other July 21, 1954.

The State also offered the testimony of the arresting officer, Louis Schmidt, who testified that he had known Jesse Franklin Collins since 1948. He further testified as follows: 'Q. Officer Schmidt, at the time you arrested the defendant January 30, 1963, did you question him concerning the prior convictions and prior imprisonment? A. Yes. Q. What did he say regarding that? A. Stated that he had been arrested * * * for sale and possession of narcotics,

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and I asked him if he served any time and he stated that he had. * * * Q. Did you question the defendant regarding whether or not he had been convicted of the offense of sale and possession? A. Yes. Q. Again, for the record, what did he say regarding conviction? A. He stated he had been convicted and served time in the penitentiary, U. S...

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