STATE v. JOHNSON

No. 40582.

587 S.W.2d 636 (1979)

STATE of Missouri, Respondent, v. Robert L. JOHNSON, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

September 11, 1979.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James Porter, Asst. Public Defender, St. Louis, for appellant.

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


REINHARD, Presiding Judge.

Defendant appeals from his conviction by a jury of burglary in the second degree. He was sentenced by the court under the Second Offender Act to serve a term of five years in the Department of Corrections.

The victim resides in the third floor south apartment at 5703 Cabanne in the City of St. Louis, Missouri. On the morning of January 3, 1978, he was at home alone. At approximately 11...

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