State v. Allen
| Decision Date | 09 December 1922 |
| Docket Number | No. 23740.,23740. |
| Citation | 246 S.W. 946 |
| Parties | STATE v. ALLEN. |
| Court | Missouri Supreme Court |
Appeal from Criminal Court, Greene County; Orin Patterson, Judge.
Dave Allen was convicted of felonious assault, and he appeals. Affirmed.
Val. Mason, of Springfield, for appellant. Jesse W. Barrett, Atty. Gen., and Albert Miller, Asst. Atty. Gen., for the State.
This appellant was indicted in the circuit court of Greene county jointly with Clyde Looney and Dick Coring for a felonious assault upon Shirley Miller. A severance was granted the appellant, and upon a trial to a jury he was convicted and his punishment assessed at a fine of $100 and one year in the county jail. From this judgment, he appeals.
We will not burden this opinion with the particulars of the assault of the appellant and his associates in crime upon Shirley Miller other than is necessary to present for consideration the issues raised by this appeal.
Shirley Miller and his wife and Claude Parsley and his wife were on their way to Springfield in an automobile, when, within a half mile of the corporate limits, they came upon appellant and several others who were in the road. A Ford car had turned over in a ditch and another car stood in the middle of the road. Miller and his companions got out of their car and went to see if any one had been hurt. A doctor came up in his car, alight, ed, and, finding no one hurt, asked the owners of the car which stood in the road to let him pass. The appellant evidently understood it was Miller who had made the request and began profanely to abuse him. Miller told the appellant he was not hunting trouble. The appellant made a lunge at Miller, but the latter caught and choked him until he "wilted down." Appellant's companions also assaulted either Miller or Parsley, among them a woman named Lamar who "jumped on Parsley's wife." Miller and his companions got into their car and attempted to leave, but two or three of their assailants got on the running boards and prevented their doing so. Some time in the mêlée, Miller was hit with a rock and cut in the back with a knife. The concert of action on the part of Miller's assailants in this attack is evident. The testimony for the appellant showed that Shirley Miller, Claude Parsley, Dick Coring, Clyde Looney, and Dave Allen were the only participants in this fight, with the exception of the two women who had a separate fight directly after the affray between the men; that Clyde Looney had no knife during the affray; that the stab which Miller received in his back was inflicted by Dick Coring.
Appellant testified that while looking at his car to see how much it was injured by being upset he heard some argument up the road; that he went up there and found Looney and Parsley by the side of Dr. Tucker's car; that he undertook to separate them; that some one grabbed him by the neck and choked him down on the running board of Dr. Tucker's car until he was unconscious; that he fell in the ditch and was left there; that when he came to he walked down the road and met Miller with a hammer; that he asked Miller what he was going to do with the hammer and Miller said he was going down there to stop the trouble; that appellant told Miller to give him the hammer; that Miller gave him the hammer and he threw it away; that appellant and Miller were standing there talking when some one hit Miller in the back of the head with a rock; that the rock was a little larger than two fists; that the one who hit Miller with this rock did not throw it but held it in his hands; that appellant did not hit Miller; that Looney hit him; that, when Looney hit Miller with the rock, Miller turned and commenced fighting Looney, and appellant walked back to where the women were; that appellant did not cut Miller and did not know that Miller was cut; that appellant did not strike or attempt to strike Miller with his fist or with anything...
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State v. Malone
...to appellant, the case will not be reversed though error was committed by the trial court. State v. Schmittzehe, 3 S. W. (2d) 235; State v. Allen, 246 S.W. 946; State v. Anglin, 222 S.W. 776; State v. McNeese, 284 S.W. 785; State v. Cutter, 1 S.W. (2d) 96; State v. Bowman, 1 S.W. (2d) 153. ......
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...Thorpe since it was not cross-examination; there was no prejudice to the defendant. State v. Brown, 247 Mo. 715, 153 S.W. 1027; State v. Allen, 246 S.W. 946; State v. Reagan, 108 S.W. (2d) 391; State v. Schmittzehe, 3 S.W. (2d) 235; State v. Baumann, 1 S.W. (2d) 153; State v. Cutter, 318 Mo......
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