State v. Smith

NORWIN D. HOUSER, Special Judge.

Arthur Lee Smith, convicted by a jury of second degree burglary, § 560.045, RSMo 1969, V.A.M.S., and sentenced to seven years’ imprisonment appeals on two grounds.

First, defendant contends that the evidence failed to prove intent to steal, which is an essential element of second degree burglary. Burglary of the dwelling house of Daisey Thomas was charged. Mrs. Thomas secured the windows and doors of her house and left home at 5:30 a. m. to go to work. About 10:30 a. m. defendant parked his automobile across the street, a few houses up from the Thomas residence.…