STATE v. NEWHART

No. KCD 27677.

539 S.W.2d 486 (1976)

STATE of Missouri, Respondent, v. John W. NEWHART, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 6, 1976.

Application to Transfer Denied September 13, 1976.


Attorney(s) appearing for the Case

Gary Eldredge, Lee M. Nation, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Neil MacFarlane, Philip M. Koppe, Asst. Attys. Gen., Jefferson City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.


SWOFFORD, Judge.

The appellant (defendant) was convicted of stealing more than Fifty Dollars, Section 560.156 RSMo 1969, and sentenced to five years imprisonment and placed on probation. He appeals from this judgment.

This is the second direct appeal of this matter to this court. A previous conviction of the defendant on the same charge was reversed and remanded because of a defective information and prejudicial error in the state's verdict directing instruction...

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