State v. Ball

SEILER, Judge.

On a motion to vacate, under Rule 27.26, V.A.M.R., defendant contends his conviction and sentence should be set aside (it was affirmed on original appeal in State *266v. Ball (Mo.Sup.) 408 S.W.2d 17) on the ground the information for second degree burglary was fatally defective. He attacks the portion which alleges that he did “ * * * break into and enter a certain building, namely a building owned and occupied by Emma Creamery Company, a Missouri corporation, located and situated in the City of Emma, Saline County, Missouri * * * ” He bases this on the stipulation made at the…