STATE v. GRADY

No. 44034.

630 S.W.2d 89 (1981)

STATE of Missouri, Respondent, v. Eugene GRADY, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied January 15, 1982.

Application to Transfer Denied February 16, 1982.


Attorney(s) appearing for the Case

Mary K. Wefelmeyer, Joseph W. Downey, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


CRIST, Judge.

Defendant was found guilty by a jury of stealing in violation of § 570.030, RSMo. 1978, for which he was sentenced to two years in the Department of Corrections. We reverse and remand for a new trial.

The evidence adduced by the state shows that the victim, Howard Owens, arrived at a bus stop on North Skinker Boulevard near Waterman at approximately 8:00 P.M. on the evening of August 4, 1980, shortly after purchasing four albums from a local...

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