STATE v. WHITAKER

No. 44537.

275 S.W.2d 322 (1955)

STATE of Missouri, Plaintiff-Respondent, v. Vernie Lee WHITAKER and Lee Taylor, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

February 14, 1955.


Attorney(s) appearing for the Case

Tom A. Shockley, Waynesville, for appellants.

John M. Dalton, Atty. Gen., David Donnelly, Special Asst. Atty. Gen., for plaintiff-respondent.


BARRETT, Commissioner.

Upon a charge of burglary in the first degree the appellants, Vernie Lee Whitaker and Lee Taylor, have been found guilty "of an attempt to commit burglary of a dwelling house in the first degree" and sentenced to imprisonment in the penitentiary for a term of two years. In conformity with their motion for a new trial the appellants make two points; first, that the evidence adduced upon their trial is wholly insufficient to sustain a conviction...

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