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STATE v. McMELLEN

No. WD 46353.

872 S.W.2d 508 (1994)

STATE of Missouri, Respondent, v. Richard L. McMELLEN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 1, 1994.

Application to Transfer Denied April 26, 1994.

Attorney(s) appearing for the Case

Robert E. Steele, Jr., Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Elizabeth L. Ziegler, Traci J. Sanders, Asst. Attys. Gen., Jefferson City, for respondent.

Before KENNEDY, P.J., and ULRICH and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 1, 1994.

SPINDEN, Judge.

Richard L. McMellen appeals a jury conviction of stealing by deceit in violation of § 570.030.1, RSMo 1986. The trial court sentenced McMellen to five years imprisonment and fined him $2000. McMellen appeals; he claims that the trial court erred in denying his motions for acquittal at the close of the state's evidence and at the close of all the evidence. McMellen...

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