State v. Orr

TITUS, Chief Judge.

A New Madrid County jury found defendant guilty of burglary in the second degree (§ 560.070, RSMo 1969, V.A.M.S.) and assessed his punishment at 10 years. § 560.095(2) RSMo 1969. After defendant’s motion for a new trial was denied, the trial court executed the requirements of Rule 27.09, V.A.M.R., rendered judgment and pronounced sentence compatible with the verdict. Defendant appealed.

Richard Drerup, d/b/a Trader Dick, operated an emporium in Portageville. Near 11 p. m., April 28, 1971, he was asleep at home when a burglar “alarm went off in my bedroom.” The alarm was…