State v. Smith

WESTHUES, Presiding Judge.

Defendant Smith was tried before a jury in the Circuit Court of St. Louis County, Missouri. The jury, by its verdict, found defendant guilty of burglary and stealing. His punishment was fixed at two years’ imprisonment in the State Penitentiary for the burglary and two years for stealing. A motion for new trial was overruled and defendant appealed from the sentences imposed.

Defendant has not filed a brief in this court. In the motion for new trial, he alleged that the State failed to prove that the offense of stealing had been committed; that the instructions failed…