STATE v. McMULLIN

Nos. 39979, 39980.

576 S.W.2d 581 (1979)

STATE of Missouri, Respondent, v. Mattie McMULLIN and Samuel McMullin, Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

January 16, 1979.


Attorney(s) appearing for the Case

Timothy F. Ruddy, Cape Girardeau, for appellants.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Bradshaw Smith, Pros. Atty., Cape Girardeau, for respondent.


CLEMENS, Judge.

A jury found defendants Mattie and Samuel McMullin guilty of attempting to obtain $5,009 from the Cape Mutual Insurance Company (hereafter "insurer") by means of a "confidence game." (Sec. 561.450, RSMo.1969). The court sentenced each defendant to a one-year term of imprisonment but placed Mattie McMullin on probation. Defendants have appealed.

The evidence: The insurer's fire policy covering defendants' dwelling and contents; a fire consumed...

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