State v. Owsley

PRITCHARD, Judge.

By the verdict of a jury, appellant was convicted of burglary in the second degree and stealing. §§ 569.170; 570.030, RSMo 1978. The jury assessed punishment on each crime at one year in the county jail, but the trial court, upon its finding that appellant was a persistent offender, enhanced the punishment to three years on each crime to run consecutively.

The sole question is whether, under all the circumstances, the finding of appellant’s fingerprints on both sides of a piece of broken glass from an overhead garage door through which entry had been obtained, is sufficient to…