eBook details
- Title: State Missouri v. Rodney Shivelhood
- Author : Southern District, Division One Court of Appeals of Missouri
- Release Date : January 29, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Following a jury trial, Rodney Shivelhood (Defendant) was convicted of attempting to steal property worth over $150 in violation of §§ 564.011 and 570.030, 1 and was sentenced to three years' imprisonment. Defendant challenges the sufficiency of the evidence to support his conviction, and the propriety of the verdict-directing instruction submitted to the jury. We affirm. Defendant, his wife, and children went shopping at Wal-Mart on December 12, 1994. Following their arrival, Defendant and his ten-year old son, Tony, separated from the rest of the family and went to the electronics department. Curtis Smith and Robert Watson, loss prevention officers employed by Wal-Mart, made the following observations: Tony selected two Game Boy cartridges off the shelf and handed them to Defendant, who placed the cartridges in a shopping cart. Defendant also took a car stereo from the shelf and put it in the bottom of the shopping cart with the Game Boy cartridges. Defendant then used a coat that was already in the cart to cover the merchandise, and he also tucked it around the items so as to conceal them from view. 2 Defendant and his son left the electronics department with the cart and went to sporting goods, where Defendant chose a backpack off the shelf and placed it in the cart on top of the coat. Finally, they entered the shoe department, and Tony selected a pair of shoes and put them in the cart.