State v. Byrd

PRITCHARD, Judge.

By verdicts of a jury, appellant was convicted (Count I) of the Class C felony of burglary in the second degree, § 569.170, RSMo 1978, and (Count II) the Class A misdemeanor of stealing, § 570.030, RSMo 1978, and in accordance with the verdicts, the trial court sentenced him to five years in the Division of Corrections, and one year in the county jail, to be served concurrently, on the respective convictions.

Appellant first says that the trial court erred in delaying his motion for judgment of acquittal as to Count I because there was no evidence that he knowingly entered…