STATE v. CRAIN

No. 12201.

638 S.W.2d 761 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Robert Lee CRAIN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied August 23, 1982.


Attorney(s) appearing for the Case

Loren R. Honecker, Springfield, for defendant-appellant.

John Ashcroft, Atty. Gen., Melinda Corbin, John Jacobs, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.


FLANIGAN, Judge.

A jury found defendant guilty of stealing without consent, (§ 570.030 RSMo 1978), and he received a six-year sentence. Defendant appeals.

Defendant's sole point is that the trial court erred in "receiving the state's rebuttal testimony of Detective Larry Stewart and Pam Long because said evidence was not within the proper scope of rebuttal evidence in that it did not explain, counteract, repel or disprove defendant's evidence....

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