State v. Fleming

RENDLEN, Judge.

Defendant was convicted of Burglary Second Degree, § 560.070, RSMo.1969, V.A. M.S., and sentenced by the court under the Second Offender Act, § 556.280, RSMo.1969, V.A.M.S., to six years imprisonment. He appeals, contending first: the court erred in refusing proffered instructions on a lesser included offense; and second, the court improperly commented on defendant’s failure to testify. We affirm.

From the evidence the jury could find, that police were summoned to the Faith Temple Church of God at 2800 St. Vincent Street in the City of St. Louis in the early morning of September…