STATE v. WELLS

No. 14451.

729 S.W.2d 591 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Walter Howard WELLS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied April 24, 1987.

Application to Transfer Denied June 16, 1987.


Attorney(s) appearing for the Case

Lew Kollias, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Timothy W. Anderson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


HOGAN, Judge.

A jury has found defendant Walter Howard Wells guilty of stealing without consent in violation of § 570.030, RSMo.Supp. 1984. His punishment has been assessed at imprisonment for a term of four (4) years. He appeals, contending that the evidence was not sufficient to support the verdict and that the trial court erred in giving Instruction No. 4—MAI-Cr.2d 2.20 —because Instruction No. 4 "diminished" the meaning of the phrase "proof...

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