501 S.W.2d 31 | Mo. | 1973
Robert S. Crawley appeals from a judgment convicting him of operating a motor vehicle without the owner’s consent, § 560.-180, RSMo 1969, V.A.M.S., and sentencing him to 4 years’ imprisonment. This appeal was taken before January 1, 1972.
Appellant’s first point is that the State failed to meet the requirement that venue be established; absence of proof that the alleged crime was committed in the City of St. Louis. This omission not having been assigned as error in the motion for new trial, or called to the attention of the trial court in any manner, the point is not reviewable on appeal. State v. Leigh, 423 S.W.2d 690 (Mo.1968).
Appellant’s second point is that the State failed to prove the essential element of criminal intent on the part of appellant. While criminal intent was not proved by direct evidence it was sufficiently established by the State’s evidence showing the following circumstances: The vehicle, a 1963 Pontiac, was owned by Thoms Pon
The foregoing evidence is sufficient to establish the element of criminal intent. See State v. Crawley, 478 S.W.2d 344 (Mo.1972), which involved this same appellant. See also State v. Edmonson, 371 S. W.2d 273 (Mo.1963) and State v. McLarty, 414 S.W.2d 315 (Mo.1967), indicating the sufficiency of the evidence in those cases to find the element of willfulness. One of the requirements of the main verdict-directing instruction in this case was a finding that appellant operated the Pontiac “willfully.” “Willfully” in criminal law means “intentionally,” and there is evidence in this case which, if believed, shows beyond a reasonable doubt that appellant willfully operated this Pontiac automobile without the owner’s consent.
Appellant’s third point is that he was convicted of a crime on the basis of evidence obtained in violation of rights guaranteed him under the search and seizure provisions of the state and federal constitutions. This point is without merit. In the first place, the officers did not conduct a search within the meaning of the constitutional provisions invoked. Such a search implies “a prying into hidden places for that which is concealed.” Merely looking at that which is open to view is not a
Judgment affirmed.
PER CURIAM:
The foregoing opinion by HOUSER, C., is adopted as the opinion of the court.