State Missouri v. Glen Eugene Crow and Roy

The defendants were separately charged under the Second Offender Act with the second degree burglary of a supermarket. By agreement, they were jointly tried. Each was found guilty by the jury and sentenced by the court to ten years' imprisonment. They filed a joint notice of appeal to the Supreme Court asserting that court had jurisdiction because of constitutional implications of the Second Offender Act (former § 556.280 RSMo) and its repeal. The Supreme Court transferred the appeals to this court ""in which jurisdiction is vested"". Nevertheless, the defendants urge this court to return the appeals to the Supreme Court. This court declines to do so. The defendants contend the evidence is insufficient to support their convictions. This requires a review of the evidence. In such review ""he facts in evidence and all favorable inferences reasonably to be drawn therefrom must be considered in the light most favorable to the state and all evidence and inferences to the contrary must be disregarded"". State v. Franco, 544 S.W.2d 533, 534 (Mo. banc 1976), cert. den. 431 U.S. 957, 97 S.Ct. 2682, 53 L.Ed.2d 275 (1977). So reviewed, the following is a brief summary of the facts.