State v. Overby

WELLBORN, Commissioner.

Carl Overby appeals from an eight-year sentence, imposed under the Second Offender Act (§ 556.280, RSMo 1959, V.A. M.S.) upon a jury verdict finding him guilty on a charge of stealing steel fence posts of a value of $91.35.

At the close of business on January 20, 1967, the Calhoon Lumber Company at Neck City, Missouri, had on hand 382 steel fence posts, standing outside a building in the enclosed lumber yard premises.

At around 7:30 that evening, Mr. Pete Yocum, the lumber yard manager, accompanied by William Dodson, drove to the rear of the lumber yard. There they…