State v. Saffold

SOMERVILLE, Presiding Judge.

Defendant was charged as a second offender with stealing property of another ($47.00 in U.S. Currency and a billfold) having a value of fifty dollars or more. Sections 560.156 and 560.161(2), RSMo 1969. A jury found him guilty as charged and the trial court fixed his punishment at seven years imprisonment. A timely appeal followed.

Defendant’s chance of success on appeal pivots on a single point — failure of the trial court to honor his request to instruct the jury on stealing property of another having a value of less than fifty dollars.

A schematic presentation of…