State v. Burke

FINCH, Judge.

This case, written on reassignment, involves an appeal from a conviction of burglary in the second degree for which defendant was sentenced to two years imprisonment. We affirm.

The first point raised is that the evidence was insufficient to sustain the conviction and that defendant’s motion for judgment of acquittal should have been sustained. We overrule this contention. The evidence disclosed that St. Joseph police officers received word at about 3:00 a.m. on September 23, 1967, that a burglary was in progress at the Summers Oldsmobile Company building, about seven blocks away.…