SUMMERS, Justice.
Defendant Joseph Goiner was charged on August 26, 1977 with the August 19, 1977 simple burglary of the building and structure No. 2001 St. Bernard Avenue, belonging to one Julius Kimbrough with intent to commit a theft therein. At the time of the commission of this offense the applicable and effective provision of law was Subsection C of Section 571.3 of Title 15 of the Revised Statutes, which provided:
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