State v. Parks

HOLMAN, Commissioner.

Defendant was found guilty of burglary in the second degree and his punishment fixed at imprisonment in the penitentiary for a term of two years. The information also charged the offense of larceny in connection with said burglary but the prosecuting attorney entered a nolle prosequi as to the charge of larceny at the close of all the evidence. Defendant has duly appealed from the judgment entered upon the burglary conviction.

Rudy Burrell operated Harvey’s Tavern located at 203 W. 7th Street in Rolla, Missouri. When he “closed up” on the evening of January 1, 1958, he…