State v. McLaurin

CLEMENS, Senior Judge.

A jury found W.T. McLaurin guilty of attempted burglary. Sections 564.011 and 569.170, RSMo 1968. The trial court sentenced him as a persistent offender to five years in prison.

Defendant contends here the court erred because given instructions MAI-CR 2d 18.-02 and 33.01 failed to submit “any specific crime the defendant intended to commit after entering the building”.

The state’s evidence: Two police officers had staked out a truck terminal when defendant climbed a fence; he opened an office door but did not enter. As the police got out of their car defendant fled but was…