STATE v. CLEVENGER

No. KCD 28068.

537 S.W.2d 854 (1976)

STATE of Missouri, Respondent, v. Donald Clifton CLEVENGER, Appellant.

Missouri Court of Appeals, Kansas City District.

June 1, 1976.


Attorney(s) appearing for the Case

James S. Stubbs, Chillicothe, for appellant.

John C. Danforth, Atty. Gen., Douglas G. Mooney, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.


PER CURIAM.

Defendant, although separately charged and tried, was found guilty of burglary, first degree, with intent to commit felonious assault, while acting in concert with James Guy Persinger. The jury which found defendant guilty was unable to agree upon his punishment and the same was fixed by the court at eight years imprisonment.

Defendant's sole point on appeal challenges the sufficiency of the evidence to prove (1) that he "or one with whom he acted...

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