STATE v. SANDERS

No. 37355.

541 S.W.2d 782 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Edward SANDERS, Defendant-Appellant.

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

September 21, 1976.


Attorney(s) appearing for the Case

Paskal, Edwards & Olian, Lawrence J. Permuter, Clayton, for defendant-appellant.

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


McMILLIAN, Judge.

Defendant Edward Sanders appeals from a jury conviction of second degree burglary, § 560.045, RSMo 1969. He was sentenced by the court under the Second Offender Act, § 556.280, RSMo 1969, to a term of five (5) years imprisonment. Appellant alleges error with reference to a comment made by the prosecutor during closing argument in the refusal of the court to give a proffered converse instruction and in the court's decision to sentence under...

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