STATE v. NELSON

No. 11094.

597 S.W.2d 250 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Roy Bert NELSON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Four.

Motion for Rehearing and Transfer Denied March 31, 1980.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Michael D. Garrett, Garrett & Woods, Monett, for defendant-appellant.


BILLINGS, Judge.

Defendant Roy Bert Nelson was convicted of burglary in the second degree [§ 560.045, RSMo 1969] by a Barry County jury and sentenced by the trial court to a five year prison term. We affirm.

The sufficiency of the evidence to support the verdict is not questioned. The jury found that defendant had unlawfully entered a dwelling house near Monett, Missouri, with the intent to commit rape.

Defendant complains he was not arraigned...

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