State v. Prier

WELLIYER, Judge.

Appellant Kevin Prier was charged by grand jury indictment with second degree burglary, § 569.170, RSMo 1978,1 and found guilty by a Jasper County jury of first degree trespass, § 569.140.2 He was sentenced to serve six months in the county jail. The Missouri Court of Appeals, Southern District, affirmed the conviction, and we ordered the case transferred pursuant to Rule 83.03. We reverse because the evidence was insufficient to support the jury’s verdict.

We review this case as if it were on original appeal. Rule 83.09.

Mrs. Norma Aldenderfer testified that she and her husband…