STATE v. SAVERAID

No. 29966.

583 S.W.2d 238 (1979)

STATE of Missouri, Respondent, v. H. Lee SAVERAID, Appellant.

Missouri Court of Appeals, Western District.

June 11, 1979.


Attorney(s) appearing for the Case

Jerold L. Drake, Stephens & Drake, Grant City, for appellant.

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

Before HIGGINS, Special Judge, Presiding, SWOFFORD, C. J., and WELBORN, Special Judge.


ROBERT R. WELBORN, Special Judge.

A jury in the Mercer County Circuit Court (on change of venue from Harrison County) found H. Lee Saveraid guilty of stealing more than $50 by deceit. § 560.156, RSMo 1969. His punishment was fixed at 45 days' imprisonment in the county jail. He appeals from the ensuing judgment and sentence.

The question presented is whether or not, prior to The Criminal Code, a promise to pay for goods, made with intention not to perform...

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