State v. Lee

WASSERSTROM, Judge.

From a conviction of burglary in the second degree and burglarious stealing under § 560.110 V.A.M.S., with resulting consecutive sentences of three years on the burglary and two years on the stealing, the defendant appeals. He attacks the sufficiency of the information and also the admissibility of certain evidence. Since we sustain the attack on the information, it is unnecessary to consider the evidentiary points. Those are no longer live issues and any discussion thereof “would amount to nothing more than obiter dictum”. State v. Cunningham, Mo., 380 S.W.2d 401, 1. c.…