State v. Scurlock

FLANIGAN, Judge.

A jury found the defendant Larry Lee Scurlock guilty of burglary in the second degree, § 560.070 V.A.M.S., but was unable to agree upon the punishment. The court imposed a sentence of four years. Defendant appeals.

Defendant contends that the evidence is insufficient to support the conviction. The same contention was made in his unavailing motion for judgment of acquittal filed at the close of the state’s evidence. The motion was renewed and again denied when defendant rested after offering no evidence. Defendant’s contention is sound.

In State v. Berry, 526 S.W.2d 92, 95[1 — 6]…