14 Mo.App. 567 (Mo.App. 1884), State v. Rose

Citation:14 Mo.App. 567
Opinion Judge:BAKEWELL, J.
Party Name:STATE OF MISSOURI, Respondent, v. CHARLES ROSE, Appellant.
Attorney:P. N. JONES, for the appellant. T. B. HARVEY, for the respondent.
Case Date:January 02, 1884
Court:Court of Appeals of Missouri
 
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Page 567

14 Mo.App. 567 (Mo.App. 1884)

STATE OF MISSOURI, Respondent,

v.

CHARLES ROSE, Appellant.

Court of Appeals of Missouri, St. Louis.

January 2, 1884

APPEAL from the St. Louis Criminal Court, VAN WAGONER, J.

Reversed and remanded.

P. N. JONES, for the appellant.

T. B. HARVEY, for the respondent.

OPINION

BAKEWELL, J.

The defendant was convicted of murder in the first degree, for killing one George Ingram, in St. Louis, in April, 1881.

The deceased and the defendant were negroes. The homicide was committed in a bar-room on the east side of Seventh Street, which was a resort of prostitutes. The premises had a bar in front, with a sort of sitting-room for the women and their associates in the rear. This back room was separated from the front by a partition eight feet high with a doorway in the middle. This room had a side door opening into a narrow alley-way which communicated with a yard in which were tenement houses. The yard opened upon an alley between Sixth and Seventh, Wash and Carr Streets, known to the police as Clabber Alley. The deceased was living in concubinage with a woman named Lizzie Denney. The cause of his death was a stab in the right breast. He received on the same occasion four other wounds. One on the face, which was dangerous, but not necessarily mortal, and three in the back which were not dangerous, the knife not penetrating beyond the left shoulder blade.

On the day of the homicide, about noon, deceased was sitting reading a letter in the back room spoken of above. Three or four women were sitting in the room. Defendant Rose, Calvin Emerson, and one Williams, came into the saloon in a boisterous manner, and walked into the back room, and began joking with the women. The woman Denney, the concubine of deceased, entered from the side door. Williams threw his arm round her neck. She said she was sick, and asked to be let alone, complaining that he choked her. Ingram, the deceased, said: " Don't choke the woman; she has been under the care of a doctor." The men who had entered together, then began to talk roughly to deceased, using a great deal of foul language. They drew their knives; but put them up again. Shortly afterwards, one advanced upon Ingram with a chair, and knives were drawn again; but not by deceased. Rose said: " Let us kill the son of a bitch anyhow." Ingram stepped into the bar-room, and got a revolver out of a drawer, and stood there. Emerson followed him, with his knife open, and sprang toward Ingram. Ingram cocked his pistol and warned Emerson off; Emerson still advanced, and Ingram fired, striking Emerson in the head, who fell at once. Ingram then ran to the back room, as if to go to his room in the yard through the side door. Rose was standing in the back room, behind the partition; and, as Ingram passed him without seeing him, Rose caught him by the right arm round...

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