State v. Davis

COIL, Commissioner.

A jury convicted Sylvester Davis of attempted burglary in the second degree and the trial judge found that he had been priorly convicted of two felonies as charged and sentenced him to .five years in the state penitentiary. See Sections 560.070, 556.150, 556.280, and 560.095, RSMo 1959 and V.A. M.S. Davis appealed but has filed no brief. We shall examine the seventeen assignments of error in his motion for new trial.

Defendant’s complaint in assignment 7, that the trial court erred in refusing to enter a judgment of acquittal at the close of the state’s evidence, was waived…