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STATE v. TILLEY

No. 37692.

548 S.W.2d 199 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Eugene TILLEY, Defendant-Appellant.

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

February 22, 1977.

Attorney(s) appearing for the Case

Brent J. Williams, Clayton, Rosecan, Popkin & Chervitz, Alan G. Kimbrell, St. Louis, for defendant-appellant.

John Danforth, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., Evelyn M. Baker, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

WEIER, Presiding Judge.

Defendant Eugene Tilley was convicted by a jury of stealing over $50. Because the jury could not agree upon punishment, the court sentenced defendant to three years in the custody of the Department of Corrections (§ 546.440, RSMo1969).

The facts that frame the issues are simple. On July 16, 1975, David Angle parked his pickup truck in front of his house in the City of St. Louis and went...

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