State v. Cuffie

HYDE, Judge.

Defendant, charged under the Habitual Criminal Statute (Sec. 556.280) was found guilty of burglary, second degree, and sentenced to five years’ imprisonment. Sec. 560.045. (Statutory references are to RSMo and V.A.M.S.) Defendant has appealed and claims error in overruling his motions for acquittal.

Defendant was represented on arraignment and at the trial by his own counsel but no brief has been filed here so we consider all assignments in the motion for new trial in accordance with criminal Rule 27.20. (See also Rule 28.02, V.A.M.R.) These assignments also claim error in giving…