State v. Ewing

COIL, Commissioner.

Appellant, Kenneth Ewing, referred to herein as defendant, was convicted of burglary in the second degree as charged and sentenced to two years in the state penitentiary. On this appeal he contends that the trial court erred in denying his motion for judgment of acquittal at the close of all the evidence.

In determining the sufficiency of the evidence to make a jury case, .we con sider as true the evidence favorable to the state and the favorable inferences reasonably to be drawn therefrom, and reject countervailing evidence. State v. Swindell, 357 Mo. 1090, 1094, 212 S.W.2d…