[Download] "State Missouri v. Lee Allen Mcclinton" by Supreme Court of Missouri En Banc # eBook PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Lee Allen Mcclinton
• Author : Supreme Court of Missouri En Banc
• Release Date : January 11, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The defendant Lee Allen McClinton was convicted in the St. Louis Court of Criminal Correction of stealing less than $50, a
misdemeanor. Sections 560.156 and 560.161, RSMo 1959, V.A.M.S. He appealed to the St. Louis Court of Appeals which reversed
the judgment and remanded the cause, but because of the general interest and importance of the question involved and for the
purpose of re-examining the existing law ordered the cause transferred to this court pursuant to Art. V, § 10, Constitution
of Missouri 1945. The defendant was charged by information with stealing a man's jacket valued at less than fifty dollars. He was tried in
summary manner by the court without a jury and found guilty as charged. The defendant was not represented by counsel at his
trial nor at the initial hearing on appeal. The St. Louis Court of Appeals reviewed the questions properly preserved by defendant's
motion for new trial and found the evidence sufficient to support the conviction; it further reviewed as plain error under
S. Ct. Rule 27.20(c) the absence of any entry of record showing a waiver of a trial by jury and held this to be a violation
of S. Ct. Rule 26.01(b), V.A.M.R.

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