State v. Present

EAGER, Judge.

Defendant was convicted by a jury of stealing personal property of a value exceeding $50. The trial court, acting in its discretion under Rule 27.04, V.A.M.R., and Section 546.430, RSMo 1949, V.A.M.S., reduced the punishment from six years’ confinement, as assessed by the jury, to .four years. Defendant was represented by counsel of his own choice, both at the trial and here. Since the only points briefed concern an instruction, a rather summary review of the evidence will suffice.

From the evidence the jury could reasonably have found the following facts. Defendant lived in the…