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STATE v. SMITH

No. 36078.

521 S.W.2d 38 (1975)

STATE of Missouri, Plaintiff-Respondent, v. Arthur Lee SMITH, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division 4.

March 11, 1975.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, Michael C. Horn, James C. Jones, Asst. Public Defenders, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, III, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

NORWIN D. HOUSER, Special Judge.

Arthur Lee Smith, convicted by a jury of second degree burglary, § 560.045, RSMo 1969, V.A.M.S., and sentenced to seven years' imprisonment appeals on two grounds.

First, defendant contends that the evidence failed to prove intent to steal, which is an essential element of second degree burglary. Burglary of the dwelling house of Daisey Thomas was charged. Mrs. Thomas secured the windows and doors of her house and left...

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