STATE v. WHITES

No. 10128.

538 S.W.2d 70 (1976)

STATE of Missouri, Respondent, v. Gregory Tim WHITES, Appellant.

Missouri Court of Appeals, Springfield District.

June 9, 1976.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Charles L. Howard, Asst. Atty. Gen., Jefferson City, for respondent.

John D. Wiggins, Asst. Public Defender, Rolla, for appellant.

Before STONE, P. J., and HOGAN and TITUS, JJ.


TITUS, Judge.

Jury-convicted of second degree burglary and stealing, defendant's first two points on appeal relate to the prosecutor's opening statement. Point I is that the trial court erred in denying his motion for judgment of acquittal at the close of the opening statement "because the prosecutor failed to state . . . that the premises were entered and property taken therefrom without the consent of its owner." Point...

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