State v. Neighbors

SOMERVILLE, Judge.

Defendant was charge as a “persistent offender” (Section 558.016, RSMo 1978) with two counts of burglary in the second degree, a class C felony (Section 569.170, RSMo 1978). 1 Count one, in essence, charged that on or about January 27, 1979, defendant, acting in concert with another, “knowingly entered unlawfully” an “inhabitable structure” located at Summit Plaza, Holts Summit, Callaway County, Missouri, owned by Summit Realty Company, a corporation, for the purpose of “committing property damage in the third degree therein.” Count two, in essence, charged that on or about…