State v. David

CLARK, Judge.

Appellants, husband and wife, were jointly charged, tried and convicted of the offense of felony stealing, § 570.030, RSMo; Supp.1982, and each was sentenced to a term of three years imprisonment. In the dispositive point on this appeal, they contend the state’s evidence did not make a case against them for violation of the criminal statute under which they were charged. Reversed.

The following are the facts of the case construed most favorably to the state and granting the state the benefit of all favorable inferences. State v. Franco, 544 S.W.2d 533 (Mo. banc 1976), cert.…