STATE v. RICE

No. KCD 26376.

511 S.W.2d 444 (1974)

STATE of Missouri, Respondent, v. Charles F. RICE, Appellant.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied July 19, 1974.


Attorney(s) appearing for the Case

James P. Fluker, Kansas City, for appellant.

John C. Danforth, Atty. Gen., and Donald R. Bird, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.


SHANGLER, Judge.

The defendant Charles F. Rice and one Byron K. Ware were jointly charged in a single count information with the offense of burglary and stealing. Ware pleaded guilty to the charge and later testified for the State at the trial of defendant Rice. Ware gave evidence that he and defendant Rice broke into, entered and stole certain property from the residence of one Letha Keller.

The court charged the jury by Instruction No. 3 [here given in relevant...

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