State v. Sanders

McMILLIAN, Judge.

Defendant Edward Sanders appeals from a jury conviction of second degree burglary, § 560.045, RSMo 1969. He was sentenced by the court under the Second Offender Act, § 556.280, RSMo 1969, to a term of five (5) years imprisonment. Appellant alleges error with reference to a comment made by the prosecutor during closing argument in the refusal of the court to give a proffered converse instruction and in the court’s decision to sentence under the Second Offender Act. We affirm.

Appellant does not challenge the sufficiency of the evidence. From the evidence the jury could find…