State v. Wells

HOGAN, Judge.

A jury has found defendant Walter Howard Wells guilty of stealing without consent in violation of § 570.030, RSMo.Supp. 1984. His punishment has been assessed at imprisonment for a term of four (4) years. He appeals, contending that the evidence was not sufficient to support the verdict and that the trial court erred in giving Instruction No. 4 — MAI-Cr.2d 2.20 —because Instruction No. 4 “diminished” the meaning of the phrase “proof beyond a reasonable doubt.” We affirm.

The chattel stolen was a white, 1975 Ford pickup which belonged to Dennis Flurry. Flurry drove the pickup to…