STATE v. PERRY

No. 10574.

565 S.W.2d 841 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Harvey James PERRY, III, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

May 2, 1978.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Jeff W. Schaeperkoetter, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Jay White, Rolla, for defendant-appellant.


TITUS, Judge.

Defendant was jury-convicted of burglarizing and stealing from the bucolic home of Mr. and Mrs. Warnhoff. He was consecutively sentenced to prison terms of two years for each crime and appealed.

On the night in question, an across-the-road neighbor of the Warnhoffs became suspicious of the operations of an automobile in the area. After a preliminary inspection of the situation by vehicle, the neighbor returned home and undertook investigation...

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