Legal Opinion · Concurring in part, dissenting in part

State v. Wells

Missouri Court of Appeals

Decided July 27, 1979No. 11076Published

1Concurring in part, dissenting in partMaus, Judge

I concur as to the disposition of the third count. I must dissent in regard to the two counts of stealing. It is seldom that unob-jected to or improperly objected to hearsay should be found prejudicial under the plain error rule, V.A.M.R. Crim. Rule 27.20(c). However, in this case the hearsay, only inferentially corroborated, provided an essential link in the evidence leading to defendant’s convictions on those two counts. Under that rule, I would reverse and remand those two counts. State v. Granberry, 491 S.W.2d 528 (Mo. banc 1973); State v. Douglas, 573 S.W.2d 79 (Mo.App.1978).

2Cases cited2 opinions

  1. State v. GranberrySupreme Court of Missouri · 1973
  2. State v. DouglasMissouri Court of Appeals · 1978