State v. Elam

CLARK, Judge.

Randy Elam was convicted of the offense of passing a bad check, § 570.120, RSMo 1978, and he was sentenced as a persistent offender to a term of five years. Reversed.

On this appeal, Elam contends the evidence produced by the state made no sub-missible case against him. We agree and therefore consider only incidentally his second point that the state’s verdict directing instruction was erroneous because essential elements of the offense were omitted. The two points are, however, associated because the proof and the instruction were both deficient in the same respect.

The…