State v. Williams

Defendant appeals from conviction of burglary with sentence of two years in the penitentiary. The only assignments in his brief are that there was no substantial evidence to support the verdict and that he was entitled to a directed verdict.

In considering the record proper we find that the information charged both burglary and larceny in one count as authorized by . Section 4448 (all references are to R. S. 1939 and Mo. Stat. Ann..); but the instructions submitted only the charge of burglary in the second degree. (See Section 4440.) Nevertheless, the jury in a general verdict found the…