State v. Butler

SHANGLER, Judge.

The defendant was found guilty by a jury of the crime of burglary in the second degree [§ 569.170, RSMo 1978], was found to be a prior offender [§ 558.016], and was sentenced by the court to a term of seven years imprisonment. The defendant contends there was no sufficient evidence to convict, and that the instructions to the jury were faulty.

On October 29, 1981, Howard, a foreman at National Byproducts, drove by the premises of employment at about 5:30 p.m., after work, and saw a truck backed up to a door of one of the storage buildings. The structures were some 400 feet off…