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State v. Davis

STATE of Missouri v. Sylvester DAVIS

State v. Davis, 544 S.W.2d 600 (Mo. Ct. App. 1976)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
November 23, 1976
Docket
No. 37858
Judges
Clemens, Dowd, Weier
Citations
544 S.W.2d 6001976 Mo. App. LEXIS 2668
Cited by 4

Opinion of the Court — Clemens

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1979: 21980: 11982: 119792026peak 1979 · 2

Relies on it most ⓘ

  1. State v. Bellah603 S.W.2d 707 (Mo. Ct. App. 1980)
  2. State v. Walters636 S.W.2d 122 (Mo. Ct. App. 1982)
  3. State v. Wilhite580 S.W.2d 763 (Mo. Ct. App. 1979)
  4. State v. Childers581 S.W.2d 619 (Mo. Ct. App. 1979)

Most recent

  1. State v. Walters636 S.W.2d 122 (Mo. Ct. App. 1982)
  2. State v. Bellah603 S.W.2d 707 (Mo. Ct. App. 1980)
  3. State v. Childers581 S.W.2d 619 (Mo. Ct. App. 1979)
  4. State v. Wilhite580 S.W.2d 763 (Mo. Ct. App. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Manley, 513 S.W.2d 703 (Mo. Ct. App. 1974) 6

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