State v. Pospeshil

GREENE, Judge.

Defendants, Arthur Pospeshil, Sr., Eva Pospeshil, Arthur Pospeshil, Jr., and Carolyn Pospeshil, who were husband, wife, son and daughter-in-law, were jury-convicted of second degree burglary, § 569.170. 1 They appeal the trial court’s judgment and sentence assessed against each of them of nine months in jail and a fine of $1,000.

Although the sufficiency of the evidence to sustain the convictions is not challenged, an outline of the facts is necessary in order to understand the legal issues on appeal.

James Schwein and his wife, Aileen, managed a poultry farm located near Mountain…