Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF POLK COUNTY Honorable Elizabeth
Vincent Rohrs, Associate Circuit Judge
WILLIAM W. FRANCIS, JR., J. - OPINION AUTHOR.
M. Rose ("Rose") appeals his conviction for receiving
stolen property, pursuant to section 570.080. On appeal, Rose
contends the trial court abused its discretion in overruling
defense counsel's objection to the owner's testimony
regarding the value of the cattle taken, in that the
testimony was hearsay offered for the truth of the matter
asserted and did not fit any of the exceptions to the general
rule against hearsay. Finding no merit to this contention, we
Factual and Procedural History
does not challenge the sufficiency of the evidence to support
his conviction. We recite only those facts relevant to the
legal issue raised by Rose, and as necessary for context.
August 2015, Rose tried to steal two cows and a calf from the
farm of an 88-year-old man ("Victim") in
Morrisville. Victim called the police. Rose, admitting to
hearing of Victim's report of theft, returned the cattle
to Victim. Rose asked Victim where he should unload the
cattle. Victim said, "[w]here you loaded them up."
Then Rose unloaded the cattle from where he initially took
was charged, by amended information, with the class C felony
of receiving stolen property with a value of at least $500,
pursuant to section 570.080,  as a prior and persistent
trial commenced on February 23, 2017. The prosecutor adduced
the following testimony from Victim:
[State]: Do you have an opinion as to the value of the cattle
that were taken --
[Victim]: Oh, yes.
[State]: -- on the 26th of August?
[Victim]: Yes. Well, if I'd have bought them on the
market, the cow and calf -- there was a cow and calf together
-- they would have brought around $3, 000 I'd have had to
pay for them. And the other cow on the market would have
brought about $1, 000.
During cross-examination, the following colloquy occurred:
[Defense Counsel]: Okay. Now, you stated a little bit ago
that these cattle were worth somewhere in the neighborhood of
over $4, 000, right?
[Victim]: Well, let's see, [$]3, 000 -- yes, $4, 000.
. . . .
[Defense Counsel]: Okay. Now, were you in the business of
buying and selling cattle?
[Victim]: Oh, I've never -- No, I just raise them from