STATE v. SWINEY

No. 13548.

678 S.W.2d 882 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Thurman Eugene SWINEY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and to Transfer Denied October 1, 1984.

Application to Transfer Denied November 20, 1984.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., John Munson Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Peter N. Sterling, Public Defender, Donald L. Catlett, Asst. Public Defender, Rolla, for defendant-appellant.


Motion for Rehearing Overruled and to Transfer to Supreme Court Denied October 1, 1984.

PREWITT, Chief Judge.

A jury found defendant guilty of stealing a pickup truck and he was sentenced to four years' imprisonment. He contends on appeal that the evidence was insufficient to support the conviction because the "credible evidence establishes that the defendant was merely a passenger in the vehicle, and at most was a joint possesser of the vehicle."

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