State v. Fenton

BILLINGS, Judge.

Loyd Fenton was convicted by a jury of felonious stealing [ §§ 560.156, 560.161, RSMo 1969, V.A.M.S.] and since the jury could not agree on the matter of punishment the court sentenced him to three years imprisonment. Because of prejudicial error committed in the presentation of the state’s case we reverse and remand for a new trial.

Defendant’s prosecution arose out of the theft of a tractor-operated posthole digger. The state’s evidence was that Jack Hendricks, Gary Keith, and the defendant stole the digger from the owner’s field and sold it, dividing the money received from…