State v. Asberry

TITUS, Judge.

Per information filed in the Circuit Court of Reynolds County, defendant was charged with having committed first degree burglary as denounced by § 560.040, V.A.M.S.1 A jury found him guilty and fixed the minimum punishment, i. e., five years’ imprisonment. § 560.095, V.A.M.S.

The pertinent portions of the information alleged that on August 3, 1975 (a Sunday), defendant did “[wjilfully, intentionally, unlawfully and feloniously, break and enter the occupied dwelling house of another, namely Gerald Massie, in which there were at the time several human beings, with the intent then…