State v. Chandler

BARDGETT, Judge.

Appellant, Gerald Dean Chandler, was charged with burglary in the second degree (§ 569.170, RSMo 1978). He waived trial by jury and the cause was tried by the court. Appellant was found guilty and sentenced to three years’ imprisonment. The appeal was filed in the Missouri Court of Appeals, Western District, and transferred to this Court by the court of appeals prior to opinion because one of the points asserted is that § 569.170 — burglary in the second degree — is unconstitutional. Jurisdiction is in this Court. Mo. Const, art. V, § 3.

The amended information upon which this…