State v. Miller

KEITH P. BONDURANT, Special Judge.

Roger Miller was convicted of burglary second degree and sentenced to five years’ imprisonment. Since the trial, sentencing and appeal occurred prior to January 1, 1972, this court has jurisdiction under Art. V, § 3, of the Missouri Constitution as amended in 1970, V.A.M.S.

At 3:15 on the morning of March 15, 1969, Alvin Balchen, from his second floor apartment in a building directly across the street from and overlooking the Masonic Temple in St. Joseph, observed four men in the alley to the east of the Temple and in front of that building. Lights on the…