State v. Bowman

HIGGINS, Commissioner.

Barnett Bowman, with prior conviction for robbery, first degree, by means of a dangerous and deadly weapon, was convicted by a jury of burglary, second degree. The court assessed defendant’s punishment at five years’ imprisonment and rendered judgment and sentence accordingly. §§ 556.280, 560.070, 560.095, V.A.M.S.

Appellant’s only point is that “there is no evidence that defendant did forcibly break and enter 5441 Easton and therefore he cannot be guilty of a felony.” His argument is that “the proper charge should have been * * * trespass * * *. There is no evidence that…