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STATE v. MORSE

No. 35169.

503 S.W.2d 450 (1973)

STATE of Missouri, Respondent, v. Walter Eugene MORSE, Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

December 11, 1973.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Walter W. Nowotny, Jr., Asst. Attys. Gen., Jefferson City, Zane White, Pros. Atty., Rolla, for respondent.

John L. Woodward, Steelville, for appellant.

CLEMENS, Acting Presiding Judge.

Defendant appeals from a felony conviction for stealing in violation of § 560.156, RSMo. 1969, V.A.M.S. He was found guilty of stealing doors, windows and miscellaneous building materials from a construction site, fined $500 and sentenced to one year in jail. Defendant contends his conviction must be reversed because the state failed to make a submissible case. We agree and reverse.

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