State v. Feeler

I respectfully dissent to that portion of the majority opinion which holds the evidence was sufficient to sustain the conviction of stealing.

A person should not be convicted upon an inference of an essential fact. State v. James, 133 Mo.App. 300, 305, 113 S.W. 232, 233[5] (1908). Likewise, no defendant in a criminal case should be compelled to testify against himself (U.S.Const, amend. V; Mo. Const, art. I, § 19) and it violates defendant’s privilege against self-incrimination to place him in a position where he must testify to avoid any adverse inferences that may arise from his failure to…