STATE v. PAYTON

No. 38807.

559 S.W.2d 551 (1977)

STATE of Missouri, Respondent, v. John PAYTON, Appellant.

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

Motion for Rehearing and/or Transfer Denied December 16, 1977.


Attorney(s) appearing for the Case

Harlan & Harlan, John L. Harlan, Jr., Clayton, for appellant.

John D. Ashcroft, Atty. Gen., Paul R. Otto, Asst. Atty. Gen., Jefferson City, Joseph R. Aubuchon, Asst. Pros. Atty., Franklin County, Union, for respondent.


ALDEN A. STOCKARD, Special Judge.

Appellant, John Payton, was charged with burglary, second degree, and stealing in connection with said burglary, and was found guilty by a jury of both offenses. The jury assessed his punishment at imprisonment for two years for each offense, and the court directed the sentences to be served consecutively.

Appellant asserts that the trial court erred in denying his motion for judgment of acquittal because "the only evidence...

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