State v. Lenzing

HENLEY, Judge.

This appeal by Milo Lenzing (defendant) from a judgment of conviction of burglary, second degree, and stealing was transferred here from the Court of Appeals after opinion by its St. Louis District and a dissent and certification by a participating judge that he deemed the majority opinion to be contrary to decisions of this court.

Defendant was charged under § 560.070,1 with feloniously, etc., breaking and entering on August 24, 1973, a building owned by Alvin and Anna Mae Pettig, located on Schultzenground road two miles south of route “M” in Warren county, with intent to steal…