State v. Cummings

FLANIGAN, Judge.

A jury found defendant Freddie Cummings guilty of receiving stolen property, § 570.080,1 and he was sentenced, as a *878prior offender, to five years’ imprisonment. Defendant appeals.

The information was in two counts but the state dismissed Count II at the close of the evidence. Count I, on which the verdict was based, charged that the defendant, on January 4, 1984, in Greene County, “with the purpose to deprive the owner of one Peterbilt tractor, VIN # 1XP9D29X9EN162094, kept such property, of a value of at least $150, knowing or believing that it had been stolen.” Count I also…