STATE v. RUNYON

No. 43098.

619 S.W.2d 955 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Gary Lee RUNYON, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 11, 1981.


Attorney(s) appearing for the Case

Fredrich J. Cruse, Public Defender, Hannibal, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


SNYDER, Judge.

This is an appeal from a judgment of conviction of second degree burglary, § 569.170, RSMo 1978.1 The case was tried by the court without a jury. Appellant was sentenced to five years' imprisonment.

Appellant relies on four points: (1) he argues that the state failed to prove beyond a reasonable doubt that appellant was capable of "acting knowingly" at the time he committed the burglary after he submitted evidence...

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