State v. Barnett

This is a direct appeal from a jury conviction for the offense of attempted stealing under § 564.011, RSMo 1978. Punishment was affixed at four years in the Department of Corrections. The judgment is affirmed.

In his points of error, appellant charges the trial court erred (1) in overruling his motion for a mistrial in that the evidence of a separate crime (escape) was presented to the jury thereby denying him his right to be tried only upon or for the crime charged in the information and (2) in submitting instruction no. 5 because said instruction was unconstitutionally vague in its failure…