State v. Simmons

RENDLEN, Judge.

Defendant appeals from a conviction of Burglary Second Degree, § 560.045 RSMo *91969, and sentence of five years imprisonment.

On September 27,1972, Mr. Terry Wayne Doss and his family left their home in Berkeley, St. Louis County, at about six o’clock in the evening. Before leaving, Mrs. Doss looked into the room of her eight year old son Bryan and saw the drapes were drawn and windows closed. Bryan’s room faced on the fenced back yard in which the family dog was kept.

When the family returned at about nine-thirty or ten o’clock p. m., Michele, the fourteen year old daughter, observed…