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STATE v. NEIGHBORS

No. WD 31315.

613 S.W.2d 143 (1980)

STATE of Missouri, Respondent, v. James Gaylord NEIGHBORS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 2, 1981.

Attorney(s) appearing for the Case

James G. Gregory, Montgomery City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Darrell Panethiere, Asst. Atty. Gen., Kansas City, for respondent.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 2, 1981.

SOMERVILLE, Judge.

Defendant was charge as a "persistent offender" (Section 558.016, RSMo 1978) with two counts of burglary in the second degree, a class C felony (Section 569.170, RSMo 1978).1 Count one, in essence, charged that on or about January 27, 1979, defendant, acting in concert with another, "knowingly entered unlawfully" an "inhabitable structure...

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