STATE v. PAULEY

No. KCD 26435.

515 S.W.2d 824 (1974)

STATE of Missouri, Respondent, v. Billy Dean PAULEY, Appellant.

Missouri Court of Appeals, Kansas City District.

November 4, 1974.


Attorney(s) appearing for the Case

L. E. Atherton, Milan, for appellant.

John C. Danforth, Atty. Gen., Robert Presson, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.


PRITCHARD, Presiding Judge.

Appellant was convicted of burglary second degree, but was acquitted of a charge of stealing in conjunction with the burglary, by the verdict of a jury. His sentence was imposed by the court, in accordance with the verdict, at two years imprisonment in the Department of Corrections.

Appellant's first point is that Instruction No. 3 was erroneous because it did not require a finding that there were goods, wares and merchandise kept...

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