STATE v. SMITH

No. 13691.

686 S.W.2d 43 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Randall Lee SMITH, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied February 15, 1985.

Application to Transfer Denied April 2, 1985.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Mary Elise Burnett, Carrie D. Francke, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

Holly G. Simons, Columbia, for defendant-appellant.


Motion for Rehearing or to Transfer to Supreme Court Denied February 15, 1985.

TITUS, Presiding Judge.

Defendant was jury-convicted of attempted burglary in the second degree. As a prior offender he was court-sentenced to three years' imprisonment. Defendant appealed.

Near 8:30 p.m. on the day in question a college student was engaged in janitorial services at a store in a small Springfield mall when he twice heard breaking glass. Upon going outside...

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