STATE v. FLEMING

No. 36448.

528 S.W.2d 513 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Eddie FLEMING, Defendant-Appellant.

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

September 30, 1975.


Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, James C. Jones, Frank R. Fabbri, III, Asst. Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Chief Counsel, Robert M. Lindholm, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


RENDLEN, Judge.

Defendant was convicted of Burglary Second Degree, § 560.070, RSMo.1969, V.A.M.S., and sentenced by the court under the Second Offender Act, § 556.280, RSMo.1969, V.A.M.S., to six years imprisonment. He appeals, contending first: the court erred in refusing proffered instructions on a lesser included offense; and second, the court improperly commented on defendant's failure to testify. We affirm.

From the evidence the jury could find...

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