STATE v. AGUILAR

No. 56675.

478 S.W.2d 351 (1972)

STATE of Missouri, Respondent, v. Richard Herman AGUILAR, Appellant.

Supreme Court of Missouri, Division No. 2.

April 10, 1972.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Philip H. Schwarz, Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; John J. Cosgrove, Public Defender, of counsel.


STOCKARD, Commissioner.

Appellant was found guilty by a jury of burglary in the second degree, and sentenced by the court, the habitual criminal act being charged and found applicable, to imprisonment for a term of ten years with credit for the time he was confined in jail.

The sufficiency of the evidence is not challenged but we shall briefly outline the circumstances. A jury reasonably could find that about 2:30 o'clock of the morning of March 24, 1970,...

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