470 S.W.2d 161 | Mo. Ct. App. | 1971
By information filed in the Circuit Court of Jasper County, it was charged that on or about September 10, 1970, defendant “did wilfully, unlawfully and feloniously have in his possession, and under his control, a certain narcotic drug, to-wit: marihuana.” § 195.020.
“The term ‘felony’, when used in * * * any * * * statute, shall be construed to mean any offense for which the offender, on conviction, is liable by law to be punished with death or imprisonment in a correctional institution of the state department of corrections, and no other.” § 556.020. Although defendant’s punishment was assessed at imprisonment in a county jail for one year, he was convicted of an offense punishable by imprisonment in the penitentiary; hence, defendant has been charged with
. Statutory and rule references are to RSMo 1969, V.A.M.S., and to Missouri Supreme Court Rules of Criminal Procedure, V.A.M.R.
. Sec. 195.200 — “1. Any person violating any provision of this chapter is punishable as follows: (1) For the first narcotic offense, * * * by imprisonment in a state correctional institution for a term of not more than twenty years, or by imprisonment in a county jail for a term of not less than six months nor more than one year.”