State v. Lyell

TITUS, Judge.

Defendant was jury-convicted of burglary in the second degree (§ 569.170) 1 and stealing (§ 570.030) and sentenced to imprisonment for three years on each charge, the sentences to run consecutively. Defendant appealed.

James Lyell (defendant’s nephew), Robert Hindman, defendant and others were at a house in Kennett “all getting drunk and stuff” when the subject of burglarizing a house was broached. The named trio went to a home in Dunklin County riding in defendant’s truck driven by Hindman. The then unoccupied house was broken into and five firearms, a sewing machine and a vacuum…