STATE v. DIAMOND

No. 36384.

532 S.W.2d 873 (1976)

STATE of Missouri, Plaintiff-Respondent, v. David F. DIAMOND, Defendant-Appellant.

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

January 6, 1976.


Attorney(s) appearing for the Case

Theodore S. Schechter, Clayton, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Tim Verhagen, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


DOWD, Judge.

Defendant appeals from his conviction for tampering with a motor vehicle (a 1970 Chevrolet) without the owner's permission. § 560.175(1) RSMo 1969. He was sentenced to two years imprisonment under the Second Offender Act, § 556.280 RSMo 1969. We reverse.

On June 21, 1973, a 1970 Chevrolet was stolen in the City of St. Louis. According to Kenneth Sanders, a witness for the state, he, the defendant, and Ernest Jumper stripped the auto...

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