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Criminal Law: Burglary-Inconsistent Verdicts

Staff Report//July 9, 2026//

Criminal Law: Burglary-Inconsistent Verdicts

Staff Report//July 9, 2026//

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Defendant appealed his conviction for second-degree burglary, arguing that the trial court erred in accepting the jury’s “inconsistent verdict” because he was also acquitted of the underlying offense of violating an order of protection.

Where the burglary and violation charges had different elements and a finding of guilt on the burglary charge was not dependent on a conviction on the violation charge because burglary only required entry for the purpose of committing a crime inside, the jury had not rendered an inconsistent verdict.

Judgment is affirmed.

State v. Hilgedick (MLW No. 85069/Case No. SD39008 – 8 pages) (Missouri Court of Appeals, Southern District, Hamner, J.) Appealed from circuit court, Pulaski County, Hickle, J. (William J. Swift, Columbia for appellant) (Dora A. Fichter, Jefferson City for respondent)

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