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STATE v. MONTGOMERY

No. 39613.

571 S.W.2d 784 (1978)

STATE of Missouri, Respondent, v. Otis MONTGOMERY, Appellant.

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

September 5, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., Jeffrey A. Cowin, Asst. Circuit Atty., St. Louis, for respondent.

Robert C. Babione, Public Defender, Thomas R. Motley, Asst. Public Defender, Bruntrager & Bruntrager, P. C., St. Louis, for appellant.

DOWD, Presiding Judge.

A case of burglary in the second degree.

Otis Montgomery was convicted of second degree burglary, and pursuant to the Second Offender Act was sentenced to ten years in the Missouri Department of Corrections. On appeal, Montgomery contends that the trial court erred in two respects. First, it is asserted that the trial court committed plain error in denying Montgomery's motion for a judgment of acquittal at the close of all the evidence...

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