STATE v. BURNETTE

No. 37622.

549 S.W.2d 352 (1977)

STATE of Missouri, Respondent, v. Harry BURNETTE, Appellant.

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

Motion for Rehearing or Transfer Denied April 15, 1977.

Application to Transfer Denied May 10, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Mary Louise Moran, Asst. Public Defender, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., St. Louis, for respondent.


CLEMENS, Presiding Judge.

The state charged defendant, a second offender, with first degree burglary (§ 560.040, VAMS) by forcibly burglarizing an occupied dwelling. Following a guilty verdict the trial court sentenced him to 16 years' imprisonment.

On appeal defendant (1) claims error in failure to read mandatory instruction MAI-CR 1.06; (2) challenges the victim's identification testimony; (3) challenges hearsay evidence in a police report and (4) contends...

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