The State v. Fields

• Decision Date: 24 November 1914
• Citation: 170 S.W. 1132,262 Mo. 158
• Parties: THE STATE v. HARRY FIELDS, Appellant
• Court: Missouri Supreme Court

170 S.W. 1132

262 Mo. 158

THE STATE v. HARRY FIELDS, Appellant

Supreme Court of Missouri, Second Division

November 24, 1914

Appeal from Pemiscot Circuit Court. -- Hon. Frank Kelly, Judge.

Affirmed.

Duncan & McCarty for appellant.

John T Barker, Attorney-General, and Shrader P. Howell for the State.

WILLIAMS C. Roy, C., concurs.

OPINION

WILLIAMS, C. --

Under an indictment charging defendant, under section 4541, Revised Statutes 1909, with wilfully killing a hog, with intent to steal the same and convert it to his own use, defendant was tried in the circuit court of Pemiscot county, found guilty by the jury and his punishment assessed at two years in the penitentiary. Defendant thereupon perfected an appeal to this court.

The evidence upon the part of the State tends to establish the following facts: About 2 p. m., on the 22d day of November, 1912, a sandy-colored hog, weighing over 200 pounds, the property of one Joe Hampton, was found dead in front of Hampton's residence and about 40 yards from his barnyard gate. The hog was first discovered by Mrs. Hartwell, a niece of Mr. Hampton, who, with her husband, lived in the Hampton home, keeping house for Mr. Hampton. On the date in question, defendant Fields, in company with one Fred Allen, each on horseback, left the farm of a Mr. Winslow, where defendant Fields had been engaged in harvesting his corn crop, which he had, as tenant, raised on Mr. Winslow's farm, and started to the home of defendant near Wardell, Missouri. The route from the Winslow farm to the defendant's home led by the Hampton farm. Before reaching the Hampton farm, the two men met one Louis Ayres who was carrying a shotgun. Thereupon defendant borrowed the shotgun from Ayres and directed that Ayres and Allen take charge of the two horses and continue on down the road, stating that he would cut across country, through the timber, and hunt for squirrels. Ayres testified that when he and Allen were about half a mile from the Hampton house, he heard the report of a gun followed by the squealing of a hog. The report of the gun was also heard by Mrs. Hartwell, who, returning from taking dinner to her husband, at that time engaged in work about a mile from the house, had reached the vicinity of the barn lot on the Hampton farm when she heard the report of the gun and noticed that the cow, hogs, and chickens in the barn lot were much frightened. She turned into the lot and met the defendant Fields therein, who had a shotgun in his hand. She asked him what he was doing there and he replied, "Nothing, nothing." In a few minutes defendant left the premises but returned shortly and requested Mrs. Hartwell to cook a squirrel for him. This request was refused and defendant again departed. A short time thereafter, Mrs. Hartwell, while doing some chores about the premises, discovered the body of the dead hog, at the place above mentioned. At that time fresh blood was oozing out of the head of the hog. Mrs. Hartwell's husband and the hired hand about the place returned home about sundown, examined the hog and dressed the same for meat. In their examination and dressing of the hog, they found that a hole about the size of a silver dollar was torn in the head of the hog just above the left eye, and that the wound was made by a shotgun, portions of the paper wadding being found in the wound. After leaving the Hampton premises, defendant joined his companions some distance down the road, and about dusk they arrived at the home of a neighbor about a mile distant from the Hampton farm, where they obtained their supper. At this farm defendant attempted to borrow a wagon, stating that he desired to haul some corn, but the loan of the wagon was refused. Defendant was arrested about the 5th of December by the constable and upon being arrested voluntarily stated to the constable that, on the day in question, he had been hunting in the timber and saw a squirrel run up a tree and while endeavoring to locate the squirrel heard a noise in some nearby bushes and thinking it was a squirrel had fired in that direction and killed the hog. Later, and on the same evening of the arrest, and while defendant and the constable were waiting in a saloon in order to give defendant time in which to furnish bail, the defendant in the meantime having become somewhat intoxicated, stated to the constable "that he had killed the hog; that he did not aim to let his family starve." The evidence on the part of the State further showed that the body of the hog was found in some dead weeds in an open space in front of the house and that the timber did not exist for a space of thirty or forty yards beyond that point. Defendant, who was not cross-examined, testified as follows:

"Well I had been over at Terry gathering my crop; it was the 22d of November when I got done, so I tried to get a wagon from Mr Winslow and Mr. Johnson to take my corn home before they cut the ditch -- this ditch was going to be cut on the 25th of November and then I couldn't get my corn to my home without going four or five miles out of the way, so I had started to Wardell to borrow a wagon, so I met Louis on the way as I was going to Wardell and he had a shotgun and I says, 'Now, you fellows take the horses and I'll go through the woods and kill some squirrels,' and I went on through the woods and they taken the horses, and I had killed a couple...