State v. Shepard

SOMERVILLE, Chief Judge.

Defendant was charged by a two count information with burglary in the second degree (§ 569.170, RSMo 1978) and stealing (§ 570.030, RSMo 1978). A jury found him guilty under both counts and assessed his punishment at two years imprisonment for each offense. Following an unavailing motion for new trial, judgment was entered, sentence was pronounced, and said sentences were ordered to run concurrently.

Ten points of error are presented on appeal. Two are controlling and require reversal. The other eight are not likely to recur on retrial and thus any decision as to them…