State v. Stiers

REINHARD, Judge.

Defendant appeals from a conviction on a charge of stealing less than fifty dollars. The jury assessed punishment at a fine of ten dollars.

On appeal, defendant does not challenge the sufficiency of the evidence. Her main contention of error is that the trial court failed to give a special negative defense instruction “to the effect that the [defendant] would not be guilty of stealing if she took the property alleged to have been stolen with the intent to promptly pay therefor, ...”

In July, 1978, defendant worked for a grocery store in Hermann, Missouri. At that time, the store…