STATE v. MULLIN

No. 34884.

501 S.W.2d 530 (1973)

STATE of Missouri, Respondent, v. Kenneth Ray MULLIN, Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

October 30, 1973.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, Darryl L. Hicks, Pros. Atty., Warrenton, Charles B. Blackmar, Sp. Asst. Atty. Gen., Clayton, for respondent.

Koenigsdorf, Kaplan, Kraft, Fox & Kusnetzky, James R. Wyrsch, Kansas City, William J. Cason, Clinton, for appellant.


CLEMENS, Judge.

Defendant appeals following a jury trial at which he was found guilty of second degree burglary and stealing. Sections 560.070 and 560.156, V.A.M.S. The jury assessed punishment at five years on each count. The court overruled the Motion for New Trial and judgment was entered in accordance with the verdict, the terms to be served consecutively.

The first question is whether the state proved the owner's lack of consent to the burglary and stealing...

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