Opinion
No. 41776.
October 9, 1950.
APPEAL FROM THE CIRCUIT COURT, CHRISTIAN COUNTY, TOM R. MOORE, J.
Joe C. Crain, Ozark, for appellant.
J.E. Taylor, Atty. Gen., Richard H. Voss, Asst. Atty. Gen., for respondent.
The appellant appeals from a conviction of grand larceny under Section 4456, R.S. Mo. 1939, Mo.R.S.A. The jury fixed his punishment at two years in the state penitentiary.
The appellant has not filed a bill of exceptions and, therefore, only the record proper is before us for review. State v. Birkner, Mo.Sup., 229 S.W.2d 674.
The information charges that on or about November 8, 1948, the appellant "did then and there $77.00, lawful money of the United States of the value of $77.00, of the goods and chattels of Ed Finney and Millie Finney, then and there being, did feloniously steal, take and carry away, against the peace and dignity of the state." The information contains every necessary element required under Section 4456, supra, to charge the crime of grand larceny, and is sufficient both as to form and substance. State v. Akers, Mo.Sup., 242 S.W. 660.
The verdict rendered by the jury says: "We, the Jury find the Defendant, Claude Roberts guilty of Grand Larceny, as charged in the Information and we assess his punishment at imprisonment in the Missouri State Penitentiary for a term of Two Years." This verdict is in proper form, responsive to the issues and sufficient to sustain the judgment. It is a general verdict finding the appellant guilty as charged in the information and fixes his punishment within the limits prescribed by Section 4457, R.S.Mo. 1939, Mo.R.S.A. State v. Darby, Mo.Sup., 165 S.W.2d 419.
The record shows that the appellant was properly granted allocution.
The record is free from reversible error. The judgment of the trial court is, therefore, affirmed.
All concur.