STATE v. SHEPARD

No. 53320.

432 S.W.2d 235 (1968)

STATE of Missouri, Respondent, v. Glen R. SHEPARD, Appellant.

Supreme Court of Missouri, Division No. 1.

October 14, 1968.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, Jerome T. Bollato, Sp. Asst. Atty. Gen., St. Louis, for respondent.

J. Whitfield Moody, The Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant.


SEILER, Judge.

Defendant appeals from his conviction, by a jury, of second degree burglary and stealing, with punishment at five and three years' imprisonment, respectively, to run concurrently. The only one of appellant's contentions which has been properly raised and preserved by being briefed here and set forth in the motion for new trial, Rules 28.02 and 27.20(a), V.A.M.R., is that the trial court erred in not instructing the jury it could find the defendant...

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