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STATE v. LACKEY

No. 36558.

539 S.W.2d 537 (1976)

STATE of Missouri, Respondent, v. Billy Eugene LACKEY, Appellant.

Missouri Court of Appeals, St. Louis District, Division Four.

May 4, 1976.

Motion for Rehearing or Transfer Denied June 15, 1976.

Attorney(s) appearing for the Case

Joseph W. Warzycki, James C. Jones, Asst. Public Defenders, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

NORWIN D. HOUSER, Special Judge.

Billy Eugene Lackey, convicted of burglary, second degree, § 560.045, RSMo 1969, and sentenced to 7 years' confinement, has appealed.

The State's evidence: The police caught appellant red-handed, exiting from the rear of a vandalized and burglarized apartment with a tape recorder and jewelry box cradled in his arms. The recorder and box belonged to a tenant in the apartment. Appellant was wearing gloves and carrying a...

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