CITY OF ST. JOSEPH v. DALY

No. WD 32837.

630 S.W.2d 268 (1982)

CITY OF ST. JOSEPH, Missouri, Plaintiff-Respondent, v. Kenneth DALY, Defendant-Appellant.

Missouri Court of Appeals, Western District.

March 2, 1982.


Attorney(s) appearing for the Case

Thomas R. Summers, Utz, Litvak, Thackery, Utz & Taylor, St. Joseph, for defendant-appellant.

R. Edward Murphy, Asst. City Atty., St. Joseph, for plaintiff-respondent.

Before NUGENT, P. J., and TURNAGE and LOWENSTEIN, JJ.


TURNAGE, Judge.

Kenneth Daly was convicted by a jury on a trial de novo of stealing in violation of the ordinances of the City of St. Joseph. The jury assessed his punishment at a fine of $166.

On this appeal Daly contends error in the verdict directing instruction. Reversed and remanded.

The testimony adduced by the City and that given by Daly himself coincide almost verbatim. That testimony agreed that in October, 1980, Daly was in a Montgomery Ward...

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