State v. DiLiberto

RENDLEN, Judge.

John DiLiberto appeals his conviction of “misconduct in office,” a misdemeanor under § 558.110, RSMo 1969, V.A.M.S.,1 alleging as error: (1) insufficiency of the information; (2) the State’s failure to make a submissible case; (3) erroneous admission of hearsay testimony; and (4) failure to define the terms “willfully” and “maliciously” appearing in the main verdict director. Unfortunately, the prosecutor’s office has not favored this court with a brief and the only assistance comes from that supplied by appellant.

In late March of 1972, Steven McClay, involved in an automobile…