STATE v. KIRKPATRICK

No. KCD 30196.

595 S.W.2d 760 (1980)

STATE of Missouri, Respondent, v. Robert KIRKPATRICK, Appellant.

Missouri Court of Appeals, Western District.

March 3, 1980.


Attorney(s) appearing for the Case

Carlyle Foley, Columbia, for appellant.

John Ashcroft, Atty. Gen., Michael P. Donegan, Asst. Atty. Gen., Jefferson City, for respondent.

Before WASSERSTROM, C. J., Presiding, and SHANGLER and MANFORD, JJ.


SHANGLER, Judge.

The defendant appeals from convictions for burglary in the second degree and stealing. The points of error contend that the information was at variance with the evidence and with the instructions which submitted the charges, so that the judgments may not stand.

The several contentions assert prejudice from a discordance between an information which alleged an illicit entry into "a certain dwelling house in rural Randolph County, west of the...

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