STATE v. WILHITE

No. 10854.

580 S.W.2d 763 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Tommy Wayne WILHITE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

April 23, 1979.


Attorney(s) appearing for the Case

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

Donald E. Lamb, Centerville, for defendant-appellant.


BILLINGS, Judge.

Defendant Tommy Wayne Wilhite was convicted by an Iron County jury of felonious stealing and sentenced by the court under the Second Offender Act [§ 556.280, RSMo 1969] to a 10-year prison term. He contends the evidence required an instruction on stealing property of a value under $50 and that the evidence was insufficient to support his conviction. We affirm.

Defendant was charged with stealing a gasoline engine which had a value of...

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