STATE v. SMITH

No. 12327.

655 S.W.2d 745 (1983)

STATE of Missouri, Respondent, v. Clyde SMITH, Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied July 21, 1983.

Application to Transfer Denied September 20, 1983.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Kristie Green, Charles E. Smarr, Asst. Attys. Gen., Jefferson City, for respondent.

W. Dale Burke, Monett, for appellant.


Motion for Rehearing or to Transfer to Supreme Court Denied July 21, 1983.

TITUS, Judge.

An information filed April 30, 1980, charged defendant with stealing 86 cattle owned by Joe and James Jackson. On April 24, 1981, the day of trial but before any evidence was heard, and over defendant's objections, the court permitted the state to amend the information so as to accuse defendant of stealing 87 cattle. The jury found defendant guilty and, per the verdict...

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