STATE v. PENN

No. 52106.

413 S.W.2d 281 (1967)

STATE of Missouri, Respondent, v. Leon Douglas PENN, Appellant.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied April 10, 1967.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, Richard K. Wilson, Sp. Asst. Atty. Gen., Springfield, for respondent.

Max Oliver, Montgomery City, for defendant-appellant.


DONNELLY, Judge.

Appellant, Leon Douglas Penn, was convicted of burglary in the second degree under § 560.070 RSMo 1959, V.A.M.S., by a jury in the Circuit Court of Montgomery County, Missouri, and his punishment was assessed at imprisonment in the custody of the State Department of Corrections for a period of two years. Following rendition of judgment and imposition of sentence an appeal was perfected to this Court.

On January 14, 1965, Paul Wright drove...

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