State v. McClanahan, 52385
| Decision Date | 09 October 1967 |
| Docket Number | No. 2,No. 52385,52385,2 |
| Citation | 419 S.W.2d 20 |
| Parties | STATE of Missouri, Respondent, v. Carl C. McCLANAHAN, Appellant |
| Court | Missouri Supreme Court |
Norman H. Anderson, Atty. Gen., Jefferson City, John P. Madigan, Jr., Special Asst. Atty. Gen., St. Louis, for respondent.
August F. Ottinger, Jr., St. Louis, for appellant.
Defendant was charged with stealing a motor vehicle and with four prior felony convictions. He was convicted by a jury of stealing the motor vehicle and the trial court made the necessary findings under the Habitual Criminal Act with reference to the four prior convictions. Defendant was sentenced to imprisonment for eight years and he appeals.
The only issue presented on appeal is whether there was sufficient evidence to make a submissible case and to support the verdict. The State's evidence, viewed most favorably to it, justified the jury in finding the facts to be as herein recited.
Berry Turner, employed at Washington University Medical School, owned a black 1965 Chevrolet Impala. On December 15, 1965, Turner had this automobile parked in the 4500 block of McKinley Avenue in St. Louis, Missouri. The car was locked and the keys were in Turner's pocket. He could see the car from a window in the laboratory where he was employed. Sometime between 3:00 and 3:20 p.m., he looked out the window and saw his car parked where he had left it. He did not look out the window any more, but when he got off work at 4:00 p.m. and went to his car, it was gone. He reported the theft to the police, and he next saw his car at about 5:00 p.m. in the 1500 block of Clara Avenue, after the police reported to him that they had located it.
Sometime between 4:00 and 4:30 p.m. of that day, Officer Leo Yaeger drove along the 1500 block of Clara Avenue enroute to turn the school signs at Burd and Cote Brilliante, which was approximately one block away from the 1500 block of Clara. Officer Yeager notice a block 1965 Chevrolet in front of 1521 Clara and observed a Negro male in the rear seat of the car. When he had turned the school signs around, he heard a description of the Turner 1965 Chevrolet being broadcast. He remembered seeing the black Chevrolet at 1521 Clara and went back to check it. The license plate on the car was the one mentioned in the broadcast. Officer Yaeger observed a male Negro in the front seat under the steering wheel, bent over toward the right side of the car. The officer radioed for assistance and then alighted from his police car, with shotgun in hand, and placed the male Negro under arrest. It was the defendant herein. The officer testified that when he first drove down Clara Avenue he did not observe the man in the back seat sufficiently to say whether or not it was the defendant.
When Officer Yaeger arrested the defendant, both the hood and the trunk lid of the car were up. The lock in the trunk lid had been punched out and was on the ground alongside the automobile. The ignition had been tampered with and a set of keys was found in the ignition. These were not keys belonging to Turner. The automobile clock had been removed from the dashboard and was hanging down, but still connected by wires. Certain car tools, a duffel bag, and a jar of antifreeze were on the ground near the car. Mr. Turner later identified these as his property and as having come from the trunk of his car.
Officer Yeager searched defendant after he arrested him and had him alight from the car. A piece of copper wire and a screwdriver were taken from the defendant's pockets.
The only evidence offered by defendant was given by Joseph Noskay, who was Acting Director of the Public Defender's Bureau of the City of St. Louis. He testified that he knew the defendant and had known him for several years,...
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State v. Chase, 53220
...possession of recently stolen property is a sufficienty circumstance to sustain a conviction of stealing the property. State v. McClanahan, Mo., 419 S.W.2d 20, 21(1); State v. Jones, Mo., 358 S.W.2d 782, 784(2). The defendant infers, however, that the possession was not recent. The ring was......
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State v. Gonzales
...charged, whether that crime be robbery or burglary (State v. Lee, 491 S.W.2d 317, 320(3) (Mo. banc 1973)) or stealing (State v. McClanahan, 419 S.W.2d 20, 21(1) (Mo.1967)), provided that defendant's possession thereof is not too remote in point from the time of the crime and that defendant'......
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State v. Freeman, 9280
...second assertion: Possession of recently stolen property is sufficient to sustain a conviction of stealing that property (State v. McClanahan, Mo., 419 S.W.2d 20, 21(1)), provided defendant's possession thereof is not too remote in point of time from the crime and that defendant's possessio......
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State v. Armstrong
...of recently stolen property is sufficient to sustain a conviction of stealing that property, under § 560.156. State v. McClanahan, Mo.Sup., 419 S.W.2d 20, 21(1), and cases The information charged and the verdict-directing instruction required a finding that the accused intended to permanent......