State v. O'NEAL

STOCKARD, Commissioner.

Robert Earl O’Neal, Jr., appellant herein, was charged with murder in the first degree (a killing in the perpetration of burglary), § 565.003 (all statutory references are to RSMo 1978), and armed criminal action (stealing a firearm, § 570.030.2(3Xd) committed separate and apart from the burglary, by use of a dangerous or deadly weapon) RSMo 571.015, both offenses arising out of an occurrence near Strafford, Missouri, involving appellant and John Boggs.

Appellant does not challenge the sufficiency of the evidence as to either charge. It will be helpful, however, to…