State v. Whitaker

STOCKARD, Commissioner.

On May 27, 1954, Vernie Lee Whitaker and Lee Taylor were convicted in the Circuit Court of Phelps County, Missouri, of burglary in the second degree. The punishment of each was fixed at imprisonment in the State Penitentiary for a term of four years. Following the overruling of their motion for a new trial, allocution, sentence and judgment in accordance with the verdict, they have appealed to this Court.

The evidence of the State showed the following to have occurred: About ten o’clock and again at ten-thirty o’clock in the evening of April 14, 1954, the two defendants…