STATE v. WARD

No. 38634.

571 S.W.2d 773 (1978)

STATE of Missouri, Respondent, v. Willie Murphy WARD, Appellant.

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

September 5, 1978.


Attorney(s) appearing for the Case

Crouppen, Walther, Zwibelman & Walsh, P. C., Roy A. Walther, III, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Preston Dean, Paul R. Otto, Daniel F. Lyman, Asst. Attys. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., Howard Paperner, Asst. Pros. Atty., Clayton, for respondent.


SMITH, Judge.

Defendant appeals his conviction by a jury of operating a motor vehicle without permission of the owner. Sec. 560.175 RSMo 1969. The court, pursuant to the second offender act, sentenced defendant to five years imprisonment. We reverse and remand.

Defendant's first contention is that the state failed to establish that no permission had been given by the owner of the vehicle. Ray Korte left the vehicle in question, a 1973 Cadillac, in the garage...

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