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STATE v. PORTER

No. 50298.

710 S.W.2d 279 (1986)

STATE of Missouri, Respondent, v. Paul Douglas PORTER, Appellant.

Missouri Court of Appeals, Eastern District, Division Six.

Motion for Rehearing and/or Transfer, Denied May 6, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

Rose Ann Feldman, St. Louis, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

CLEMENS, Senior Judge.

Burglary conviction. Defendant contends it was based wholly on circumstantial evidence.

The trial court sentenced him as a prior felon to 15 years in prison.

Here defendant contends the trial court erred by refusing his wholly circumstantial evidence instruction MAI-CR 3.42. This he argues because no witness saw him enter or leave the owner's house. To this the State responds the evidence was not wholly circumstantial. This,...

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