State Missouri v. Calvin Baker

Calvin Baker was jury-tried and convicted of the class C felony of stealing two chain saws, a fence stretcher and a post maul of the value of over $150. The jury recommended a sentence of 7 years' imprisonment, which was reduced by the trial court to 4 years. The trial court suspended the sentence and placed Baker on three years' probation. On appeal, Baker alleges that the trial court erred in denying his motions 1) for judgment of acquittal which alleged insufficient evidence to establish the crime charged, 2) for a continuance based upon the unavailability of a witness, and 3) to limit the state to a definite date of the theft, the information alleging it occurred on or about November 28, 1982.