State v. Williams

STORCKMAN, Presiding Judge.

A jury found the defendant guilty of the offense of burglary in the second degree. Section 560.070, RSMo 1959, V.A. M.S. The trial court heard evidence in chambers and made a finding that the defendant had been convicted of prior felonies. The punishment was, therefore, assessed by the court and the defendant was sentenced to five years in the custody of the Department of Corrections. Section 556.280, RSMo 1959, V.AM.S. The principal contentions on appeal are that the trial court erred in failing to sustain the defendant’s motion to dismiss at the close of the…