STATE v. PROBST

No. 37662.

556 S.W.2d 61 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Michael Wayne PROBST, Defendant-Appellant.

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

August 23, 1977.


Attorney(s) appearing for the Case

Buerkle, Buerkle & Lowes, Jackson, Jim Gibson, Cape Girardeau, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Frank Murphy, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


REINHARD, Judge.

The defendant takes this appeal from a conviction of the offense of injuring a dwelling house. § 560.395, RSMo.1969. The jury assessed his punishment at six months in jail.

Defendant orally leased the house on a month-to-month basis and paid rent of fifty dollars per month. He made his last rent payment in November, 1974. In the months which followed, the defendant continued to occupy the house, and, after making several unavailing demands...

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