STATE v. MORSE

No. 9613.

515 S.W.2d 608 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Walter Eugene MORSE, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

October 29, 1974.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

John L. Woodward, Steelville, for defendant-appellant.


TITUS, Judge.

A jury convicted defendant of second degree burglary of and stealing from Carl Willhite's house located on Highway 95 north of Dawson, Missouri. Having been tried under the habitual criminal law, the court sentenced defendant to 10 years for burglary and 5 years for stealing. The state's proof was purely circumstantial; none was offered by defendant. We reverse and order defendant discharged.

Recounted most favorable to the state, the facts are...

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