State v. Kelley

HENLEY, Judge.

William Carroll Kelley (hereinafter defendant) appeals from a judgment sentencing him under the Habitual Criminal Act1 to the custody of the Department of Corrections for a term of three years on his conviction by a jury of operating a motor vehicle without the permission of the owner thereof. Sections 560.175 and 560.-180, RSMo 1959, V.A.M.S.

Donald Agnew was the owner of a 1959 model Chevrolet Impala. On Saturday night, December 9, 1967, he parked this automobile near 2753 Biddle in the City of St. Louis. Later that night he returned to get his automobile and it was gone. He…