STATE v. MAYO

No. 41295.

593 S.W.2d 644 (1980)

STATE of Missouri, Respondent, v. Eddie MAYO, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

January 22, 1980.


Attorney(s) appearing for the Case

Hayes & Heisler, David M. Johnson, Clayton, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Kathryn Marie Krause, Asst. Attys. Gen., Jefferson City, George Westfall, Prosecuting Atty., Clayton, for respondent.


CRIST, Judge.

Defendant was convicted by a jury of second degree burglary and stealing. The trial court imposed concurrent sentences of five years for each crime. Defendant appeals.

When the victim left his house on the evening of December 17, 1975, the house was secured. Two eye-witnesses saw a man enter the victim's residence. He was black, short, clean-shaven, and was wearing a tan hat and a brownish jacket. Defendant was

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