State v. Yearwood

TITUS, Judge.

Defendant, tried under the habitual criminal statute (§ 556.280 RSMo 1969, V. A.M.S.), was found guilty by a jury of burglary and stealing. § 560.110. The trial court imposed consecutive sentences of ten years for burglary (§ 560.095) and five years for stealing. § 560.110, subd. 1. In his appeal defendant’s sole contention here is that he “should be granted a new trial for the reason that the evidence produced in trial showed a material variance from the description of the allegedly burglarized premises set forth in the information : I. There is an impermissible variance in the…