STATE v. MASON

No. 39522.

588 S.W.2d 731 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Floyd Ray MASON, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

October 9, 1979.


Attorney(s) appearing for the Case

Forriss D. Elliott, M. Barry Forman, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Steven Scott Clark, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


STEPHAN, Presiding Judge.

Defendant Floyd Ray Mason appeals from a conviction of second degree burglary and sentence of two years in prison. He presents seven points on appeal. Finding one to have merit, we reverse and remand and discuss such others as are likely to arise on retrial.

On March 2, 1977, Paul Pugh left his combination residence-furniture store at 4301 North Twentieth Street in the City of St. Louis about 7:30 p. m. and returned about 10:00 p...

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