State v. Drake

HYDE, Judge.

Defendant appealed from conviction of burglary in the second degree and sentence of two years in the penitentiary. (See Secs. 560.070 and 560.095, statutory references are to RSMo and V.A.M.S.) He was charged jointly with Thomas Jesse Brown but was granted a severance. Brown was tried first, convicted and sentenced to two years in the penitentiary and this judgment was affirmed on his appeal. State v. Brown, Mo.Sup., 291 S.W.2d 615.

Defendant has filed no brief so we will consider all valid assignments of error made in his motion for new trial and all matters previously considered…