State v. Craig

HOUSER, Commissioner.

Carl Mason Craig, charged with and convicted by a jury of second degree burglary, § 560.070, V.A.M.S., and sentenced under the Habitual Criminal Act to five years in the custody of the department of corrections, has appealed.

Appellant’s first point, that the court erred in submitting the case to the jury for failure of the state to make any substantial proof of appellant’s presence at the scene of the burglary, requires a review of the evidence. The state introduced the following evidence: At the close of business on July 26, 1965 Gerald Puchta, owner of South Street…