STATE v. SCRUGGS

Nos. 38064 and 38069.

551 S.W.2d 306 (1977)

STATE of Missouri, Plaintiff-Respondent, v. James SCRUGGS and Leroy Shine, Defendants-Appellants.

Missouri Court of Appeals, St. Louis District.

May 10, 1977.


Attorney(s) appearing for the Case

Scott Richardson, St. Louis, for defendants-appellants.

John Ashcroft, Atty. Gen., Paul Robert Otto, J. Michael Davis, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., Michael L. Sullivan, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


DOWD, Judge.

A jury found appellants Scruggs and Shine guilty of burglary in the second degree. Appellant Scruggs was sentenced to 2 years imprisonment. Appellant Shine was sentenced under the Second Offender Act to 4 years imprisonment. The facts underlying appellants' convictions will be set forth below in the discussion of appellants' second issue.

Appellants contend that the trial court erred in overruling appellants' motion for mistrial after one of the...

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