STATE v. HINTON

No. 58703.

824 S.W.2d 437 (1991)

STATE of Missouri, Plaintiff/Respondent, v. James HINTON, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

July 16, 1991.


Attorney(s) appearing for the Case

Melinda Kay Pendergraph, Public Defender, Brian N. Brown, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., Barbara J. Wood, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


REINHARD, Judge.

Defendant appeals his conviction by a jury of first degree burglary, § 569.160, RSMo 1986, for which he was sentenced to nine years imprisonment in accordance with the jury's recommendation. We remand.

Defendant was charged with burglary in the first degree, § 569.160, RSMo 1986. The evidence demonstrated that victim, awakened at 11:00 p.m. by a loud crashing sound, observed defendant standing in her room holding some of her household...

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