STATE v. MONTGOMERY

No. 40767.

590 S.W.2d 697 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Harold MONTGOMERY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

November 27, 1979.


Attorney(s) appearing for the Case

Robert Babione, Public Defender, Blair K. Drazic, Lydia R. Glasgow, Asst. Public Defenders, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Gordon L. Ankney, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


DOWD, Presiding Judge.

Harold Montgomery, defendant, was convicted of operating a motor vehicle without the owner's consent contrary to § 560.175(1) and § 560.180(1), RSMo 1969 (since repealed). He was sentenced to three years by the trial court in accordance with the jury recommendation.

Defendant's sole point on appeal is that the trial court erred in allowing the State to amend the information at the close of the evidence to conform thereto. The...

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