STATE v. PARHM

No. 37383.

540 S.W.2d 150 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Joseph PARHM, Defendant-Appellant.

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

Motion for Rehearing or Transfer Denied August 18, 1976.


Attorney(s) appearing for the Case

William Shaw, Public Defender, David M. Adams, Asst. Public Defender, Clayton, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Christopher R. Brewster, Asst. Attys. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., Ann Frances Carpini, Asst. Pros. Atty., Clayton, for plaintiff-respondent.


WEIER, Presiding Judge.

Defendant was convicted of burglary in the second degree and stealing. Under the Second Offender Act, the court fixed punishment at eight years for the burglary and two years for stealing which were ordered to run consecutively.

Defendant first contends that it was error for the trial court to fail to instruct the jury that they could consider whether the defendant was guilty of stealing over $50.00 for the reason that the evidence...

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