State v. Lewis

HOGAN, Judge.

Kenneth Arnold Lewis appeals from a judgment and sentence of seven years’ imprisonment for burglary in the second degree as defined and denounced by § 560.070, RSMo 1969, V.A.M.S.

The Hauck Oil Company operates a wholesale gasoline and automobile parts business at 18th Street and the Frisco tracks in Rolla, Missouri. At some time during the night of December 26, 1973, a burglar broke into Hauck’s “east side” warehouse and moved several cases of spark plugs from an inside storage area to a position near the point of entry.

Rolla police officers literally tracked the defendant…