State v. Williams

STOCKARD, Commissioner.

Defendant was found guilty by a jury of burglary in the second degree and he has appealed from the ensuing judgment.

A jury reasonably could find from the evidence that on April 9, 1965, defendant broke open the desk in the office of the S. Patti Construction Company at 1340 Admiral Street, Kansas City, Missouri, and took therefrom a pad of printed company checks. However, he was charged with burglary, second degree, and not with stealing, and an essential element of the offense charged is that there was a “breaking and entering” of the building by defendant. § 560.070…