STATE v. BROWN

No. 13388.

670 S.W.2d 140 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Gary Leon BROWN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and Transfer Denied May 9, 1984.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

David Robards, Public Defender Com'n, Joplin, for defendant-appellant.


Motion for Rehearing Overruled and Transfer to Supreme Court Denied May 9, 1984.

PREWITT, Judge.

Defendant was convicted, following jury trial, of burglary in the second degree, and sentenced as a persistent offender to fifteen years' imprisonment. Defendant was arrested inside a building that had been broken into a few minutes before. His primary defense was that he was too intoxicated to have the necessary mental state to commit the crime. See § 562...

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