State v. Affronti

• Citation: 238 S.W. 106,292 Mo. 53
• Decision Date: 18 February 1922
• Docket Number: No. 22958.,22958.
• Parties: STATE v. AFFRONTI.
• Court: Missouri Supreme Court

238 S.W. 106

292 Mo. 53

STATE v. AFFRONTI.

No. 22958.

Supreme Court of Missouri, Division No. 2.

February 18, 1922.

Appeal from Circuit Court, Clay County; Ralph Hughes, Judge.

Lonie Affronti was convicted of robbery in the first degree, and he appeals, Affirmed.

On June 4, 1920, the prosecuting attorney of Clay county, Mo., filed herein a verified information charging defendant with robbery in the first degree. It is alleged that he assaulted, in said county, on December 4, 1920 (1919), Amanda Howdeshell and Martha Howdeshell and robbed them of a rifle, revolver, and $40 in money, etc. Defendant waived a formal arraignment and entered a plea of not guilty. On June 16, 1920, the jury, before whom the case was tried, returned the following verdict:

"We, the jury, find the defendant guilty and assess his punishment at 10 years in state penitentiary.

                                  William Thorp, Foreman."
                

State's Evidence.

The testimony on behalf of the state tends to show substantially the following facts: That Amanda J. and Martha Howdeshell lived in Fishing River township, Clay county, Mo.; that on the afternoon of December 4, 1919, while Amanda was in the east room on the lower floor of their dwelling, sewing on a dress skirt, she saw three men walk into the yard and up to her house; that the door was slightly open at the time, and they walked into the house; that they filed in one after the other; that the last man who entered was appellant in this case, and he had a pistol or revolver in his hand; that Amanda. Howdeshell was standing in front of him, and he was pointing the pistol toward her; that Amanda reached for a gun she had laid on the floor, and as she picked up the same, some, or all, of these men grabbed her, took the gun away from her, dragged or carried her into another room, and put her in a closet; that before dragging her into this room, they shoved her back on the bed, threw the dress skirt she was working on, around her head, and struck her on the side of the head several licks with something; that her face was bruised on both sides by those licks; that her face was bruised across her nose, and her lip was cut; that she heard Martha make some kind of a noise, but did not see her until the men left, and then found her in the west room; that while one man was holding the closet door, with Amanda in the closet, he asked her where her money was, and she said it was in the Liberty hank; that she was screaming while in the closet, and one of said men told her to hush up or he would kill her with the razor; that while in the closet she heard some one pass up and down the stairway and into the kitchen, making a great deal of racket; that it was a two-story house, and she heard some one walking up-stairs; that there were some beds, boxes, a washstand, a trunk and a few other things upstairs; that Martha Howdeshell had some money in the house, which she kept in tobacco boxes or cans, and silver money was kept in those boxes also; that after these men left, Amanda walked over to Judge Wood's, and the latter telephoned for Amanda's brother; that after washing the blood from her face while at Judge. Wood's Amanda went home, looked around, found the bed on the floor, the carpet partly torn up, boxes emptied, trunks emptied and scattered about; that a gun and pistol were missing, being the same gun taken from Amanda's hands; that the pistol formerly belonged to her brother Will, who had been dead about 5 years; that it had been in her care and custody since her brother's death; that the gun taken from Amanda aforesaid had been brought to their house by their brother Sheets, a short time before, for the protection of Amanda and her sister Martha; that all of the foregoing occurred in Clay county. Mo.; that on March 21, 1921, appellant was taken to the home of Amanda and Martha, and was there identified by Amanda; that she also identified him at the preliminary hearing as being at her house on December 4, 1919; that Martha Howdeshell is hard of hearing and has difficulty in making people understand her when she talks; that she cannot pronounce words so that people can understand her; that she had been so afflicted since infancy; that Martha told Amanda these men took her in the other room and laid her on the floor; that after the men left, she came to the closet and told Amanda that they were gone; that Sheets Howdeshell, in December, 1919, gave his sisters Amanda and Martha the rifle heretofore mentioned in evidence; that it was a 32-caliber Remington, of the value of $6 or $8; that Sheets found an automobile track in front of his sisters' house about 4 o'clock on the afternoon of the robbery; that Sheets had given said rifle to his sisters before the robbery; that he did not loan the rifle, but gave it to them; that after the robbery on December 4, 1919, Amanda Howdeshell missed some money; that she and her sister had in the house a few pieces of money kept as relics, a few pieces of silver money, an old time 3-cent piece, one copper 2-cent piece, and some 5 and 10 cent pieces; that this money was in a trunk' upstairs in the attic, and was gone after these men left, and was never found again.

The testimony of Charles Williams, an accomplice, in behalf of the state, is substantially as follows: That he was In prison at Jefferson City, Mo., serving a five-year term, having been sentenced from the circuit court of Clay county at Liberty, Mo., upon a plea of guilty of robbery in the first degree; that he knew where Amanda and Martha Howdeshell lived in Clay county, Mo.; that he was down there on the 4th of December, 1919; that with him at the time, were appellant (Affronti), Frank Caruso, and Frank Harrell; that on Monday morning before the 4th of December witness was in Kansas City, and went from there to Excelsior Springs that when he went back he passed this place where Amanda Howdeshell lives, and came back to Liberty; that Frank Harrell and a man named Frlstenburg were with him; that witness was intoxicated; that he went to Kansas City that night with Frank Harrell and drove to Thirteenth and Walnut streets and spoke to Fristenburg, and then went to 1201 East Fifth street, and met a man who got appellant, Affronti; from there they drove to Excelsior Springs; and finally drove to the home of the Howdeshell women; that they first drove by the house, and then turned around and went back and stopped right by the house; that there were two houses there; that they stopped close by the log house; the other was a white frame house; they then got out of the car and went through the house, and witness states he does not know what happened then; that witness remained in the car, and Harrel', appellant Affronti, and Caruso walked in the house; that they came back out, and appellant Affronts had in his hands, as he came out of the house, a rifle; that he put this rifle in the car after carrying it from the house to the car; that they then left the Howdeshell house, and drove back to Liberty; that on the way back to Liberty he saw some silver money In appellant's hand; that appellant took it out of his pocket and held it out; that when they got to Liberty they stopped at the interurban station, and Affront' and Caruso got on the car; that later witness went to Kansas City with Jack Kennedy and identified appellant's picture in the rogue's gallery, and then saw appellant in the showup room at police headquarters; that on the 4th day of December, 1919, witness saw Affronti, Caruso, and Harrell with pistols; all three of them had pistols; that he saw these pistols coming back from Howdeshells'; that Le also saw Harrell have a two-cent piece, two dimes, a nickel and a penny; that he saw this coming back from Howdeshells' and between the Howdeshells' and Liberty; that Harrell took this money out in his hand and said, "That was some haul;" that witness went to the Howdeshells' on two different occasions—on Monday and on the 4th of December following; that the first time he went there he was intoxicated; that the second time he went there he remained out in the automobile; that the robbery at the Howdeshell farm occurred at about 3:30 p. m. on the 4th day of December, 1919; that the value of the pistol owned by the Howdeshell women was $5.

Defendant's Evidence.

Frank Harrell, an accomplice, testified in behalf of defendant substantially as follows: That he knew Charles Williams, who testified for the state, something over a year; that he (witness) was in the robbery at the Howdeshell home; that he pleaded guilty in the Clay county circuit court; that witness went in the Howdeshell home that day with Williams and the large fellow; that Caruso entered the home first, and witness waited in the car, for the reason that the Howdeshell women knew him, and witness did not want to go in until after they had been blindfolded, that is, after they put the skirts over their heads; that he thought they were hurting the women, and said, "Don't hurt these ladies, boys," and that they put them in a little closet and searched the house for money; that witness did not find any money there; that he thought there was some $550,000 or $75,000; that he would not have gone out there for just a little petty larceny offense; that since they did not find any money they got up and left; that he (witness) saw Williams have a revolver there; that said Williams was in the Howdeshell home on December 4th; that, with the exception of Caruso, witness did not know the names of the other fellows; that appellant was not one of the men who were there; that the other fellow was much larger than appellant; that the other fellow who assisted in the robbery was dead, having been killed during a hold-up according to an article witness read in a Kansas City paper; witness admitted that previously and after the arrest of appellant in this case, as he saw the officers taking appellant by, lie said to them, "You have got all four of us now;" that witness carried a...