STATE v. MYERS

No. 10451.

551 S.W.2d 312 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Wilfred MYERS, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

May 12, 1977.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Robert L. Presson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Timothy H. Battern, Asst. Public Defender, Paul Crider, Jr., Public Defender, Rolla, for defendant-appellant.


PER CURIAM.

Defendant was convicted of burglary and stealing under §§ 560.045 and 560.110, RSMo 1969. We reverse and remand because the jury was improperly instructed upon the inference of guilt to be drawn from the unexplained possession of recently stolen property.

The state presented a circumstantial evidence case. Its proof indicated a mobile home belonging to Mr. and Mrs. Leon Affolter near Newburg, Missouri, was burglarized and numerous items...

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