State v. Jones
| Decision Date | 20 October 1987 |
| Docket Number | No. 52460,52460 |
| Citation | 738 S.W.2d 920 |
| Parties | STATE of Missouri, Respondent, v. Elbert W. JONES, Appellant. |
| Court | Missouri Court of Appeals |
Mary Clare McWilliams, St. Louis, for appellant.
William L. Webster, Atty. Gen., Jeffrey P. Dix, Asst. Atty. Gen., Jefferson City, for respondent.
Defendant appeals a jury conviction for stealing by deceit, § 570.030, RSMo 1986, for which he was sentenced to seven (7) years' imprisonment and fined three thousand three hundred dollars ($3,300). We affirm.
Defendant met victim in late August or early September, 1985. At that time victim, an eighty-year-old partially blind woman, offered defendant a room in her home in exchange for help around the house. Victim's house was in a state of disrepair and defendant told her he would help her fix it up. He told her he needed the deed so he could obtain a loan to repair the house. Victim gave defendant the deed and on September 13, 1985, signed something at her home in the presence of a notary public. What she signed was a quit claim deed transferring her property to defendant; what she thought she was signing was "the paper to get the money to fix the house." Defendant then sold the house for $5,000. Victim found out about the sale when the buyer came to take possession in late November 1985.
Defendant was originally charged by indictment with stealing in violation of § 570.030. He did not challenge the sufficiency of the indictment before trial, although he filed motions for acquittal at the close of the State's case and at the close of all the evidence asserting the State failed to make a submissible case. On appeal defendant asserts the original indictment was defective in that it failed to allege defendant knowingly deceived the victim and failed to allege victim relied on defendant's representations. He further asserts the substitute information was not timely filed and thus did not cure the defect in the original indictment. The indictment was amended by the substitution of the italicized portion for the crossed out portion:
the defendant, in violation of Section 570.030, RSMo, committed the class C felony of stealing, ... in that on the 13th day of September, 1985, in the City of St. Louis, State of Missouri, the defendant appropriated the title and ownership of a two family flat of a value of at least one hundred fifty dollars, which said property was owned by [victim], and defendant appropriated such property from ...
To continue reading
Request your trial
-
Jones v. Jerrison
...appeal, where Jones argued only that the indictment was defective and that the substitute information was untimely. State v. Jones, 738 S.W.2d 920, 921 (Mo.Ct.App.1987). Jones then filed a motion for postconviction relief, alleging only that his trial counsel was ineffective. The trial cour......
- Steffens v. Steffens, 54739
-
Jones v. State
...The court sentenced movant in accordance with the assessment fixing the fine at $3,300. We affirmed the conviction in State v. Jones, 738 S.W.2d 920 (Mo.App.1987). A statement of the facts can be found there. Id. Movant filed a Rule 29.15 motion alleging trial counsel was ineffective for fa......