State v. Fogle

A jury found defendant guilty of stealing more than One Hundred Fifty Dollars by means of “deceit”, § 570.030.1, RSMo Supp.1984, and fixed his punishment at three years imprisonment. Judgment was rendered and sentence pronounced accordingly.

There is no occasion to review two of three assignments of error raised by defendant on appeal as one in particular, i.e., failure of the state to prove that the victim relied on defendant’s deceitful representation, is dispositive of the appeal.

A compendium of facts sufficient to put the decisive issue in proper perspective follows. The victim, previously…