STATE v. RUSS

No. 40822.

599 S.W.2d 103 (1980)

STATE of Missouri, Respondent, v. Clifford RUSS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

May 6, 1980.


Attorney(s) appearing for the Case

Robert Babione, Public Defender, Mary Elizabeth Dockery, Asst. Public Defender, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, John M. Morris, Asst. Attys. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for respondent.


CRIST, Judge.

Defendant was convicted by a jury of second degree burglary. Punishment was assessed under the Second Offender Act at ten years imprisonment. We affirm.

At about 11:00 p. m. on 12/4/77, Kevin MaGee, the manager of MaGee's Tavern, locked the doors of the tavern and secured the building. The front window through which the defendant later entered was closed. MaGee went upstairs to his apartment. About an hour later he heard a loud pounding at the...

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