State v. Clay

Marvin Clay appeals from a conviction and jury-imposed sentence of five years for second degree burglary, a class C felony, under §§ 569.170, 558.011.1(3), 560.011 RSMo 1978.

The defendant asserts by a single point that the evidence is insufficient to sustain the conviction.

At approximately 4 a.m. on October 9, 1980, the police received word that an alarm *660had sounded at Maxi’s disco, indicating that someone either had entered or left the building. An officer, Crane, arrived at Maxi’s approximately one minute later. As he approached Maxi’s from the alley leading to the rear entrance, he saw a…