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STATE v. OVERBY

No. 53075.

432 S.W.2d 277 (1968)

STATE of Missouri, Respondent, v. Carl OVERBY, Appellant.

Supreme Court of Missouri, Division No. 1.

October 14, 1968.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, Norman A. Selner, Special Asst. Atty. Gen., Clayton, for respondent.

James A. Dunn, Carthage, for appellant.

WELLBORN, Commissioner.

Carl Overby appeals from an eight-year sentence, imposed under the Second Offender Act (§ 556.280, RSMo 1959, V.A. M.S.) upon a jury verdict finding him guilty on a charge of stealing steel fence posts of a value of $91.35.

At the close of business on January 20, 1967, the Calhoon Lumber Company at Neck City, Missouri, had on hand 382 steel fence posts, standing outside a building in the enclosed lumber yard premises.

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