State v. Sturgell

CLEMENS, Presiding Judge.

Defendant appeals from a conviction of stealing a motor vehicle. (§§ 560.156 and 560.161, RSMo 1969). A jury found him guilty and the court sentenced him to five years’ imprisonment.

On the evening of April 30, 1974 defendant was found tampering inside Garry Smith’s 1961 Chevrolet. When confronted, defendant announced an interest in buying the automobile. Later, Smith parked his car in front of his girl friend’s house. Shortly after midnight, a witness saw defendant tampering with the car and when she called for him to get out of the car he drove off in it. The car was…