State v. Branyon

The basic finding in the principal opinion and Judge Crandall’s is there is no basis to support submission of the crime of misdemeanor stealing. That finding is inaccurate. Traditionally, submissibility depends on whether there is evidence to support a finding on the elements of a crime. Defendant testified he took seven dollars from the prosecuting witness. The taking with an acknowledged intent to keep, constitutes sufficient evidence to support misdemeanor stealing. Nothing more was required to support submission of misdemeanor stealing.

In State v. Hopson, 891 S.W.2d 851, 852 (Mo.App.…