State v. Commenos

FINCH, Judge.

This case, written on recent reassignment, involves a charge of stealing property worth less than $50.00, a misdemeanor. §§ 560.156, 560.161, V.A.M.S. A fine of $100.00 was assessed and defendant appealed to the St. Louis Court of Appeals, complaining of the verdict-directing instruction and the refusal of the trial court to give instructions which defendant tendered. In response, the State justified refusal of the trial court to give Instruction 1-A on the ground that § 560.156, subd. 3, on which it was based, was unconstitutional in that it improperly shifted the burden of…