State v. Cascone

KENNEDY, Judge.

Appellant was convicted upon jury trial of stealing from the person, § 570.030.2(2), RSMo 1978. That subparagraph makes stealing a Class C felony if “[t]he actor physically takes the property appropriated from the person of the victim.” The defendant in pursuance of the jury verdict was sentenced to one year in the county jail, and he appealed to this court.

The facts of the alleged crime are as follows:

As defendant and his wife were driving along North Oak Street late at night on June 19, 1981, their station wagon was struck in the rear by an automobile driven by 17-year-old…