State v. Smith

TITUS, Chief Judge.

A jury found defendant guilty of mistreating three-year-old Sandy as charged under § 559.340, 1 but failed to agree upon the punishment to be inflicted. Therefore, the Circuit Court of Jasper County assessed and declared defendant’s punishment to be six months in the county jail and rendered judgment accordingly. Rule 27.03. Defendant appealed claiming the trial court erred in denying his motions for judgment of acquittal 2 (Rule 26.10) and in giving Instruction 3 (directing a verdict) because there was no substantial evidence that he had the care and control of the child.…