State v. Sechrest

HOLMAN, Presiding Judge.

Defendant was charged with and found guilty of the offense of burglary in the second degree. See §§ 560.070 and 560.095 (2) ,1 The jury having failed to fix the punishment such was fixed by the trial court at five years’ imprisonment. Defendant has duly appealed from the ensuing judgment. We have jurisdiction because the appeal involves a felony conviction and was taken prior to January 1, 1972, the effective date of new Article V, § 3, of the Missouri Constitution, V.A.M.S. We affirm.

Mrs. Margaret Stith testified that she lived with her husband on a farm located about…