State v. Morse

TITUS, Judge.

A jury convicted defendant of second degree burglary of and stealing from Carl Willhite’s house located on Highway 95 north of Dawson, Missouri. Having been tried under the habitual criminal law, the court sentenced defendant to 10 years for burglary and 5 years for stealing. The state’s proof was purely circumstantial; none was offered by defendant. We reverse and order defendant discharged.

Recounted most favorable to the state, the facts are: At 10 p. m. September 5, 1971, Willhite locked his house and departed. He did not return again until 6 p. m. September 7, 1971, at which…