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STATE v. FENTON

No. 9466.

499 S.W.2d 813 (1973)

STATE of Missouri, Respondent, v. Loyd FENTON, Appellant.

Missouri Court of Appeals, Springfield District.

September 11, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Mark M. Mittleman, Karen I. Harper, Asst. Attys. Gen., Jefferson City, for respondent.

Edward J. Murphy, Butler, for appellant.

BILLINGS, Judge.

Loyd Fenton was convicted by a jury of felonious stealing [§§ 560.156, 560.161, RSMo 1969, V.A.M.S.] and since the jury could not agree on the matter of punishment the court sentenced him to three years imprisonment. Because of prejudicial error committed in the presentation of the state's case we reverse and remand for a new trial.

Defendant's prosecution arose out of the theft of a tractor-operated posthole digger. The state's...

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