STATE v. SHEETS

No. 56246.

468 S.W.2d 640 (1971)

STATE of Missouri, Respondent, v. Elmer SHEETS, Appellant.

Supreme Court of Missouri, Division No. 1.

June 28, 1971.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Walter W. Nowotny, Asst. Atty. Gen., Jefferson City, for respondent.

Daniel W. Deiter, McQuie & Deiter, Montgomery City, for appellant.


WELBORN, Commissioner.

Appeal from conviction for burglary and stealing. § 560.110 RSMo 1969, V.A.M.S. The trial court, under the Second Offender Act, fixed the sentence at three years for burglary and two years for stealing, to run concurrently.

On Friday evening, August 29, 1969, Roy Dunlap left his residence near Montgomery City. He closed all windows and doors, but did not lock them. He had a shotgun and...

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