State v. Burgess

CLEMENS, Commissioner.

In the St. Louis Court of Criminal Corrections, a court without jurisdiction to try felonies (§§ 479.100 and 479.220) 1 , the defendant was convicted of violating § 560.175, V.A.M.S., entitled “Tampering with Motor Vehicles.” In accord with a jury verdict the court imposed a three-month sentence. The defendant appeals, contending' primarily he was improperly charged with both a felony and a misdemeanor.

So far as pertinent here § 560.175 reads: “1. No person shall drive, operate, use or tamper with a motor vehicle or trailer without the permission of the owner thereof. 2.…