STATE v. BURNHAM

No. KCD 26455.

501 S.W.2d 521 (1973)

STATE of Missouri, Respondent, v. Charles Ross BURNHAM, Appellant.

Missouri Court of Appeals, Kansas City District.

November 5, 1973.


Attorney(s) appearing for the Case

Richard Bell and Gary C. Clifton, Kansas City, for appellant.

John C. Danforth, Atty. Gen., David Robards, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.


PRITCHARD, Judge.

Upon a finding of guilty by a jury of a charge of second degree burglary and of stealing in conjunction with burglary, appellant, as a second offender, was sentenced by the court to imprisonment in the Department of Corrections for terms of seven years and three years, respectively, for each offense, to be served concurrently.

The dispositive issue presented by appellant is whether there was a fatal variance from the charge contained in the...

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