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STATE v. LYELL

No. 12356.

634 S.W.2d 239 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Billy Frank LYELL, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

May 13, 1982.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Sara Rittman, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Dennis P. Wilson, Parsons, Mitchell & Wilson, P. D., Dexter, for defendant-appellant.

TITUS, Judge.

Defendant was jury-convicted of burglary in the second degree (§ 569.170)1 and stealing (§ 570.030) and sentenced to imprisonment for three years on each charge, the sentences to run consecutively. Defendant appealed.

James Lyell (defendant's nephew), Robert Hindman, defendant and others were at a house in Kennett "all getting drunk and stuff" when the subject of burglarizing a

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