State v. Grady

CRIST, Judge.

Defendant was found guilty by a jury of stealing in violation of § 570.030, RSMo. 1978, for which he was sentenced to two years in the Department of Corrections. We reverse and remand for a new trial.

The evidence adduced by the state shows that the victim, Howard Owens, arrived at a bus stop on North Skinker Boulevard near Waterman at approximately 8:00 P.M. on the evening of August 4,1980, shortly after purchasing four albums from a local record store. Three young men, one seated and the other two, including the defendant, standing, were already at the bus stop. The seated man…