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STATE v. EATON

No. KCD 29189.

568 S.W.2d 541 (1978)

STATE of Missouri, Respondent, v. Ellis EATON, Appellant.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied July 3, 1978.

Attorney(s) appearing for the Case

Thomas J. Cox, Jr., Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., Daniel Lyman, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.

SOMERVILLE, Presiding Judge.

Defendant was charged by information with burglary, second degree, tried to a jury, found guilty as charged, and sentenced to eight years imprisonment.

No evidence was presented by or on behalf of defendant; hence, the following facts stand uncontroverted. On the night of April 29, 1976, two members of the Kansas City, Missouri Police Department responded to an activated burglar alarm...

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