State v. Heitman

RENDLEN, Judge.

Michael Heitman, appealing his convictions of burglary second degree, § 560.-045, and stealing, § 560.156, RSMo 1969, contends as error: (1) insufficiency of the proof; (2) improper admission of illegally seized evidence; (3) failure of the trial judge to disqualify on defendant’s oral motion made at the opening of trial, and (4) refusal of the trial court to submit an “accomplice” instruction. The Court of Appeals, Western District, ruling only on defendant’s second contention, determined that without certain challenged exhibits the evidence was insufficient to convict and…