State v. Millican

BILLINGS, Judge.

Defendant Benjamin Clifford Millican was jury-tried and convicted for stealing [§ 570.030, RSMo 1978]. He was found to be a persistent offender [§ 558.021, RSMo 1978] and sentenced to 12 years imprisonment. He contends the evidence was not sufficient to support the verdict and instructional error was committed by the court. We affirm.

Defendant was initially charged with Shirley D. James and Donald Ray James with stealing a valuable diamond from the Diamond Shoppe in Springfield, and in a second count defendant was also charged with first degree assault [§ 565.050, RSMo 1978]…