State v. Carter

DOWD, Judge.

Defendant was convicted by a jury of Attempted Burglary Second Degree, Sections 560.045, 556.150(3) RSMo 1969 and sentenced to two years imprisonment. He raises three points on appeal: (1) that the trial court erred in denying his motion for a judgment of acquittal at the close of all the evidence because the state’s evidence showed, if anything, a completed act of burglary, not attempted burglary; (2) even if the state’s evidence showed attempted burglary, the trial court erred in denying defendant’s motion for acquittal because there was insufficient evidence of intent to commit…