State v. McBride

MORGAN, Judge.

Defendant, as a second offender, was tried to a jury and found guilty of attempted burglary of a dwelling house in the City of St. Louis. Sections 556.150, 560.045 and 560.095, RSMo 1959, V.A.M.S. The court assessed punishment at three years confinement.

As appellant, defendant now asserts: (1) the “order” in which the state’s evidence was presented resulted in prejudice to him, and (2) the evidence was insufficient to prove the crime of attempted burglary. In view of the first assignment, we will outline the evidence in the exact order it was presented to the jury.

Mr. Andrew…