State v. Fritz

HYDE, Presiding Judge.

Defendant charged under the Habitual Criminal Act (Sec. 556.280) was convicted of burglary in the second degree and sentenced to 10 years’ imprisonment. Secs. 560.045, 560.070, 560.080, 560.095. (Statutory references are to RSMo and V.A.M.S.) Defendant has appealed and his brief raises the issue of sufficiency of the evidence to make a case for the jury or to support the submission of burglary in the second degree by Instruction No. 2.

It was stipulated that defendant had previously been convicted of burglary, second degree, sentenced to two years’ imprisonment, went to…