State Missouri v. Loyd Fenton

Loyd Fenton was convicted by a jury of felonious stealing [§§ 560.156, 560.161, RSMo. 1969] and since the jury could not agree on the matter of punishment the court sentenced him to three years imprisonment. Because of prejudicial error committed in the presentation of the state's case we reverse and remand for a new trial. Defendant's prosecution arose out of the theft of a tractor-operated posthole digger. The state's evidence was that Jack Hendricks, Gary Keith, and the defendant stole the digger from the owner's field and sold it, dividing the money received from its sale. The three men were prosecuted separately and prior to defendant's trial Hendricks had plead guilty to felonious stealing and Keith had entered a plea of guilty to misdemeanor stealing. 1