State v. Runyon

SNYDER, Judge.

This is an appeal from a judgment of conviction of second degree burglary, § 569.170, RSMo 1978. 1 The case was tried by the court without a jury. Appellant was sentenced to five years’ imprisonment.

Appellant relies on four points: (1) he argues that the state failed to prove beyond a reasonable doubt that appellant was capable of “acting knowingly” at the time he committed the burglary after he submitted evidence of his intoxicated condition; (2) he contends the trial court erred in refusing to allow appellant’s counsel to impeach Officer Shinn’s testimony by means of a…