STATE v. CLARK

No. 53665.

445 S.W.2d 294 (1969)

STATE of Missouri, Respondent, v. James Morris CLARK, Appellant.

Supreme Court of Missouri, Division No. 2.

October 13, 1969.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Harry Weed, Special Asst. Atty. Gen., Kansas City, for respondent.

James K. Riley, St. Louis, for appellant.


MORGAN, Judge.

Charged as a second offender, defendant was tried to a jury and found guilty of second degree burglary and stealing. The court assessed sentences of five years for burglary and two years for stealing to be served concurrently. Sections 560.070, 560.156, 556.280, RSMo 1959, V.A.M.S.

At 1:40 a. m. on August 1, 1967, in the City of St. Louis, two police officers were cruising in a patrol car. The windows were down and near the car they heard glass...

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