State v. Humphrey

BARRETT, Commissioner.

A jury found the appellant Jerry Humphrey guilty of tampering with a motor vehicle, the information charged that he felo-niously “did drive, use and operate a certain motor vehicle, to wit: an automobile, to wit: Chevrolet make, 1961 model; the property of John Hunter without the permission so to do of John Hunter.” RSMo 1969, § 560.175, V.A.M.S. Since Jerry had a prior felony conviction the court fixed his punishment at five years’ imprisonment. RSMo 1969, § 560.180.

In brief, the circumstances of the charge and conviction were these: Hunter owned a black 1961 Chevrolet.…