State v. McGlathery

WELBORN, Commissioner.

This is an appeal from a judgment imposing a ten-year sentence for burglary in the second degree. The judgment was entered upon a jury’s verdict of the guilt of the appellant and the trial judge assessed the punishment in accordance with the Habitual Criminal Act, § 556.280, RSMo 1959, V.A. M.S.

The building involved in the burglary housed the North Gate Super Market in the town of Odessa. The building was located in the north part of town, near Old Highway 40. At approximately 11:00 P.M., on June 16, 1965, Wyman Murphy, residing with his parents in a trailer located in a…