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STATE v. FLETCHER

No. 11348.

598 S.W.2d 523 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Billy Gene FLETCHER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied April 22, 1980.

Application to Transfer Denied June 10, 1980.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Steven W. Garrett, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Daniel T. Ramsdell, Springfield, who was appointed as counsel for appellant when prior counsel was discharged after appellant's brief was filed, for defendant-appellant.

PREWITT, Judge.

Defendant was convicted of burglary in the second degree. § 560.040, RSMo 1969. He was sentenced to five years imprisonment.

Defendant advances five points for our review. Point one contends that the trial court should have granted defendant a new trial because "the verdict of the jury was against the weight of the evidence"; and "was internally inconsistent in finding the defendant guilty of burglary but not of stealing, . . . ." Points...

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