State v. Lancaster

STOCKARD, Commissioner.

Appellant was found guilty by a jury of malicious destruction of property by use of an explosive in violation of § 560.400 RSMo 1969, V.A.M.S., and was sentenced to imprisonment for a term of two years. Appellant challenges the constitutionality of § 560.400, thereby vesting this court with appellate jurisdiction even though the result we reach makes it unnecessary to rule the constitutional question. State ex rel. State Highway Commission v. Wiggins, 454 S.W.2d 899 (Mo. banc 1970); City of St. Louis v. Flynn, 386 S.W.2d 44 (Mo. 1965).

A jury reasonably could find from…