State v. Barron

STOCKARD, Commissioner.

Appellant, David Barron, was found guilty by a jury of burglary in the second degree, but the jury failed to declare the punishment by their verdict, and the trial court, pursuant to § 546.440, RSMo 1969, V.A.M.S., determined the sentence to be imprisonment for two years, the minimum.

There is no question but that a burglary of an automobile garage at 1925 St. Joseph Avenue in the City of St. Joseph occurred in the early morning hours of September 18, 1969. Entrance was obtained by removing a window pane from a storeroom window, and then by breaking through the…