STATE v. SMITH

No. WD 68085.

241 S.W.3d 864 (2008)

STATE of Missouri, Respondent, v. Kevin D. SMITH, Appellant.

Missouri Court of Appeals, Western District.

January 2, 2008.


Attorney(s) appearing for the Case

Shaun J. Mackelprang, Jefferson City, MO, for Respondent.

Margaret Mueller Johnston, Columbia, " MO, for Appellant.

Before: HOWARD, C.J., and SPINDEN and HOLLIGER, JJ.


Order.

PER CURIAM.

Kevin D. Smith appeals his conviction for tampering in the first degree. The State presented evidence that Smith stole tools from a truck, attempted to steal the truck itself, and in the process defaced or altered the truck. Smith now claims that the trial court erred in submitting the charge to the jury because the State lacked direct evidence or sufficient circumstantial evidence that...

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