State v. Thompson

MAUS, Judge.

A jury found the defendant guilty of second degree burglary. As a persistent offender, he was sentenced to imprisonment for 12 years. The case is unusual in two respects. First, the burglary was observed by three eyewitnesses. Second, the defendant has invoked the doctrine of diminished capacity as a defense to burglary. The following is a brief summary of the facts the jury could have found from the testimony.

On July 18, 1983, the defendant was in the Pub Bar in Joplin. The bar was across the street from Baum’s Boot Store. The defendant told another bar patron, who was drinking…