State v. Massey

DOWD, Judge.

Defendant was convicted by a jury of burglary in the second degree, § 560.070 RSMo 1969, and sentenced to 4 years in the custody of the Department of Corrections under the Second Offender Act. Defendant appeals.

The state’s evidence against defendant relied primarily upon testimony given by Vicent Gann. Gann testified that he owned and operated a business called the Midwest Bargain Barn. Gann went to the building housing his business at approximately 7:45 p. m. on Sunday April 6, 1975. As Gann prepared to unlock the plate glass door in the front of the building, he saw a man that…