State v. Kelsoe

Norton, J

Defendant was indicted in the St. Louis criminal court for the crime of burglary in the first degree and larceny. Both these offenses were charged in the same count in the indictment. Defendant was convicted of both crimes charged, and his punishment assessed at ten years’ imprisonment for the burglary and two years for the larceny.

From the judgment of the St. Louis court of appeals affirming the judgment of the criminal court defendant appeals to this court, and the material error complained of is the action of the trial court in giving an instruction telling the jury that if they…