State v. Allen

In the Circuit Court of the City of St. Louis, the appellant was convicted of burglary in the first degree and his pun ishment was assessed at imprisonment in tlie State penitentiary for a term of five years. From the judgment and sentence of that court, he has duly appealed.

The appellant’s first assignment of error is that the trial court should have sustained his demurrer to the evidence. The information was based upon the third subdivision of Section 4042, Revised Statutes 1929, which declares the breaking into and entering the dwelling house of another, in which there shall be at the time…