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STATE v. MINTNER

No. 12678.

643 S.W.2d 289 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Terry MINTNER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

November 30, 1982.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Margaret Jones, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Therese A. Schellhammer, Little, Million, Terando, Clarkson & Associates, P.C., Poplar Bluff, for defendant-appellant.

PREWITT, Judge.

Following jury trial defendant was convicted of possession of burglar's tools, § 569.180, RSMo 1978, and sentenced to one year in the county jail. He contends (1) that the evidence was insufficient to support the conviction because there was no direct evidence that he was in possession of a burglar's tool and the circumstantial evidence was insufficient to show possession, and (2) that the submission instruction omitted a necessary finding.

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