STATE v. GIVAN

No. KCD 29621.

573 S.W.2d 104 (1978)

STATE of Missouri, Respondent, v. James J. GIVAN, Appellant.

Missouri Court of Appeals, Kansas City District.

October 30, 1978.


Attorney(s) appearing for the Case

Mark D. Johnson, Public Defender, Platte City, for appellant.

John D. Ashcroft, Atty. Gen., Stanley H. Robinson, Asst. Atty. Gen., Jefferson City, for respondent.

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


TURNAGE, Judge.

James Givan was charged with burglary in the second degree, § 560.045, RSMo 1969, and stealing, § 560.156, RSMo 1969. A jury found him guilty of burglary and not guilty of stealing. On the failure of the jury to agree on punishment, the court sentenced Givan to six years in prison. The sole contention on this appeal is an infringement of his right to remain silent on arrest. Reversed and remanded.

On September 1, 1976, Barbara Boydston...

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