State v. Turnbough

CRIST, Judge.

Defendant appeals his conviction for stealing over $150 by deceit, in violation of § 570.-030, RSMo 1986. We reverse and remand for new trial.

On or about October 19,1991, Lois Lucious and her husband saw an advertisement in the newspaper for AAA Restoration. They contacted Defendant, the proprietor of that business, for an estimate on replacing the gutters and downspouts on their house. After Defendant gave them an estimate, Lucious later hired him a few days later to do the work for approximately $1980. At that time, Lucious gave Defendant a down payment check for $1000. The…