State v. Vandergriff

HENLEY, Judge.

Defendant appeals from a judgment of conviction on a charge of burglary in the second degree. He was charged by information in two counts with (1) burglary in the second degree and (2) stealing in connection with the burglary. Sections 560.-070, 560.156 and 560.110, RSMo 1959, V.A. M.S. Trial was before the court without a jury, the jury being waived by defendant with assent of the court. Article I, § 22(a), Constitution of Missouri, V.A. M.S.; Rule 26.01(b), V.A.M.R. At the close of the state’s case, defendant filed and stood on a motion for judgment of acquittal as to both…