State v. Morris

BERREY, Presiding Judge.

The defendant, Billy J. Morris, was convicted by jury of stealing in violation of § 570.030, RSMo, and sentenced to ninety (90) days in the county jail and fined. After overruling post-trial motion, the judge imposed the sentence and fined the defendant $100.00. Defendant appeals.

Judgment reversed.

The following are the facts of the case construed most favorably to the state and giving the state the benefit of all favorable inferences. State v. Franco, 544 S.W.2d 533 (Mo. banc 1976), cert. denied, 431 U.S. 957, 97 S.Ct. 2682, 53 L.Ed.2d 275 (1977).

The complaining…