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STATE v. JOHNSON

No. 49350.

361 S.W.2d 662 (1962)

STATE of Missouri, Respondent, v. Walter JOHNSON, Appellant.

Supreme Court of Missouri, Division No. 2.

November 14, 1962.

Attorney(s) appearing for the Case

Lee Vertis Swinton, Kansas City, for appellant.

Thomas F. Eagleton, Atty. Gen., Julian L. O'Malley, Asst. Atty. Gen., Jefferson City, for respondent.

BARRETT, Commissioner.

A jury found Walter Johnson guilty of attempted burglary and fixed his punishment at five years' imprisonment.

The circumstances of the offense were these: The first or ground floor of 2640 Prospect Avenue in Kansas City was occupied by Oscar Gibson where he did business as Avenue Cleaners. In the basement of the building Arrington B. Klice operated a pool hall. The entrance to the pool hall from the rear of the building is a stairway...

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