STATE v. ALEXANDER

No. 42281.

609 S.W.2d 958 (1980)

STATE of Missouri, Respondent, v. Lee Bernard ALEXANDER, Jr., Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

December 23, 1980.


Attorney(s) appearing for the Case

David V. Collignon, Clayton, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George Westfall, Prosecuting Atty., St. Louis, for respondent.


CRIST, Presiding Judge.

Defendant was convicted on September 12, 1979 of attempted burglary in the first degree. Punishment was assessed at two years. We reverse and remand by reason of instruction error.

Alexander was charged with feloniously breaking and entering a dwelling house at 705 Redwing, Florissant, Missouri, on December 24, 1978, with the intent to steal items of personal property located therein.

In the jury instructions on burglary...

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