Missouri Court of Appeals, 1976

State v. Davis

Missouri Court of Appeals · Decided November 23, 1976 · Clemens, Dowd, Weier

544 S.W.2d 600; 1976 Mo. App. LEXIS 2668 (South Western Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

State v. Walters (Mo. Ct. App. 1982)
State v. Bellah (Mo. Ct. App. 1980)
State v. Wilhite (Mo. Ct. App. 1979)
State v. Childers (Mo. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CLEMENS, Judge.

A jury found defendant guilty of stealing a display cabinet worth over $50. As a second offender, the court sentenced him to two years’ imprisonment. He has appealed, contending only that the trial court erred in refusing his verdict-directing instruction submitting stealing property worth less than $50. Defendant concedes evidence by the owner showed the stolen property was worth at least $700 and that there was no evidence of a lesser value.

As declared in State v. Manley, 513 S.W.2d 703[6, 7] (Mo.App. 1974), and cases cited therein, a verdict-directing instruction must have evidentiary support, and an instruction on stealing less than $50 need not be given where the only evidence of value is that the stolen property is worth over $50.

Judgment affirmed.

WEIER, P. J., and DOWD, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.