State v. Schmidt

TURNAGE, Judge.

Defendant appeals his conviction of obtaining a check by means of the “confidence game” under § 561.450, RSMo 1969. After finding him guilty the jury assessed punishment at one year imprisonment and a fine of $1,000.

The jury could have reasonably found from the evidence that Robert Quick operated a livestock sale barn in Oregon, Missouri. For about five years prior to April 17, 1970, Quick and the defendant had established a practice by which defendant purchased certain cattle and Quick would reimburse defendant for the purchase price. The cattle would then be delivered to…