State v. Irby

HOUSER, Commissioner.

Jackie Irby was charged with burglary and stealing. § 560.110, RSMo 1959, V.A. M.S. The jury returned a verdict finding defendant guilty of both charges. Judgment was entered on the verdict. The court sentenced defendant to commitment in the custody of the department of corrections for two years on each charge, the sentences to run concurrently. Defendant has appealed, challenging the sufficiency of the evidence to sustain a conviction.

The state’s case, based on circumstantial evidence, tended to show these facts: On the morning of September 2, 1966 John Jackson’s…