STATE v. MUSSMAN

No. KCD 27463.

526 S.W.2d 62 (1975)

STATE of Missouri, Respondent, v. Bernard MUSSMAN, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1975.


Attorney(s) appearing for the Case

Willard B. Bunch, Public Defender, E. L. Messina, Asst. Public Defender, Sixteenth Judicial Circuit, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Special Asst. Atty. Gen., St. Louis, for respondent.

Before SOMERVILLE, P. J., PRITCHARD, C. J., and TURNAGE, J.


SOMERVILLE, Presiding Judge.

A jury found defendant guilty of Burglary, Second Degree, and fixed his punishment at imprisonment by the Department of Corrections for three years. The state's case rested on circumstantial evidence. Defendant seeks appellate relief on two grounds.

First, defendant urges that the wholly circumstantial nature of the state's evidence failed to negate "every reasonable inference of [his] innocence." Otherwise stated, defendant challenges...

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