State v. Saveraid

ROBERT R. WELBORN, Special Judge.

A jury in the Mercer County Circuit Court (on change of venue from Harrison County) found H. Lee Saveraid guilty of stealing more than $50 by deceit. § 560.-156, RSMo 1969. His punishment was fixed at 45 days’ imprisonment in the county jail. He appeals from the ensuing judgment and sentence.

The question presented is whether or not, prior to The Criminal Code, a promise to pay for goods, made with intention not to perform, will support a conviction for stealing by deceit.

At around noon on November 16,1976, H. Lee Saveraid went to the elevator of the Consumers…