STATE v. BUTLER

No. 41470.

601 S.W.2d 659 (1980)

STATE of Missouri, Respondent, v. Horace A. BUTLER, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

June 24, 1980.


Attorney(s) appearing for the Case

John J. Allan, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Kathryn Marie Krause, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


REINHARD, Judge.

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

The burglary occurred at No. 27 Maryland Plaza in the City of St. Louis on April 28, 1978. The initial break-in was discovered by Mr. Frank Hornback, a neighbor who had become suspicious of two men, one of whom was the defendant, walking...

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