State v. Davison

BILLINGS, Chief Judge.

Defendant Robert Ellis Davison was convicted of first degree burglary [§ 560.040, RSMo 1969] and sentenced to ten years imprisonment. In this appeal he contends the court abused its discretion in denying his motion for a continuance and committed error in giving the verdict directing instruction. We affirm.

The sufficiency of the evidence to support the jury’s verdict is not questioned. Defendant and an accomplice broke into and entered a locked residence in Springfield, Missouri. Upon gaining entry, the two suddenly found themselves confronted by the owner of the house…