State v. Perry

TITUS, Presiding Judge.

In a two-count information filed in the Circuit Court of Hickory County, defendant was charged (I) with burglary in the second degree, § 569.170 1, and (II) stealing, § 570.030. After the cause had been transferred to Dallas County it was tried and the jury returned verdicts finding defendant not guilty of the burglary charge but guilty of stealing and fixed punishment at imprisonment in the county jail for a term of six months. Defendant appealed.

Carey Breshears, a Buckner resident and owner of a deer rifle, went to the Weau-bleau home of his father, Wilford…