State v. McMellen

SPINDEN, Judge.

Richard L. McMellen appeals a jury conviction of stealing by deceit in violation of § 570.030.1, RSMo 1986. The trial court sentenced McMellen to five years imprisonment and fined him $2000. McMellen appeals; he claims that the trial court erred in denying his motions for acquittal at the close of the state’s evidence and at the close of all the evidence. McMellen asserts that the evidence was insufficient to establish that he had the requisite intent to commit theft by deceit. We affirm.

Viewing the evidence in the light most favorable to the verdict, the evidence establishes…