State v. Garbe

KENNEDY, Chief Judge.

Defendant was convicted upon jury trial of first-degree assault, Sec. 565.050, RSMo Supp.1987; first degree burglary, Sec. 569.-160, RSMo 1979; and armed criminal action, Sec. 571.015, RSMo 1979. He was sentenced by the court to consecutive terms of ten, five and three years respectively. He appeals, alleging two instances of error.

The facts are as follows:

Karen Calkins testified that in April of 1985, appellant, who was then 16 years of age, had stolen a radio, a gun and the numbers from a credit card while he was baby-sitting her children. Appellant used the credit card…