State v. Bachmeyer
| Decision Date | 15 June 1945 |
| Citation | 247 Wis. 294,19 N.W.2d 261 |
| Parties | STATE v. BACHMEYER. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Eau Claire County; Hon. Carl H. Daley, Judge.
Affirmed.
Peter Bachmeyer, alias Fred Meyers, alias Fred Bachmeyer, alias Peter Fodhl, appellant, hereinafter referred to as defendant, together with Ralph Green, was charged with aiding in the commission of a felony, to-wit, murder in the first degree on the 20th day of March, 1938, in the city of Eau Claire, by aiding Jack LaPean in the murder of Ray Robeson. The information also charged the defendant, Peter Bachmeyer, with seven previous sentences unreversedof record. At the close of the trial, the state dismissed the action against Ralph Green, and he was discharged. June 22, 1944, the jury found defendant guilty, and he was sentenced to life imprisonment in the state's prison at Waupun. Defendant appeals.
About 8:45 in the evening, standard time, on March 20, 1938, Ray Robeson was shot while on his way from the garage to the house in which he lived, from which injury he died on the 22nd day of March, 1938. The distance from the garage where Robeson kept his car to the house is between 150 and 200 feet. Both were on the west side of Ninth avenue in the city of Eau Claire. The house was north of the garage. Peter Bachmeyer lived with Ralph Green and his family in a house across the street, about midway between the garage where Robeson kept his car and the house in which he lived. The Green home faced Niagara street and was on a corner lot. The west end of Niagara street is opposite the home in which Robeson lived.
Elizabeth Green, daughter of defendant, and wife of Ralph Green at the time the crime was committed, but later divorced, testified that John LaPean came to their home quite regularly to visit defendant; that on the 26th day of February, 1938, she and her husband were at Kohlhepp's grocery near their residence, and while they were there Ray Robeson cashed a check and received a roll of bills. When they returned to their home, LaPean and defendant were there, and Ralph Green told them about seeing a man in the grocery store who had a roll of bills ‘big enough to choke a horse.’ LaPean commented that ‘A guy like that shouldn't run loose,’ to which defendant agreed. March 18, 1938, defendant asked his daughter, Mrs. Green, for a bar of soap, and when asked what he intended to use it for, stated that he intended to make a blackjack and showed her how it could be placed in a sock and used for that purpose. She inquired whether it would kill a person. He stated it would merely ‘knock him cold.’
About noon March 20, 1938, LaPean came to the Green home and talked with defendant, and returned about 6:30 that same evening, after which they went into defendant's bedroom. When they came out defendant had the blackjack, which he had showed the witness two days before, in his hand. LaPean said, ‘This is the night Mr. Robeson gets it.’ They left the house and entered La Pean's car, which the witness had seen many times prior to that time, returning around eight o'clock and parking the car facing east on Niagara street. They parked there for a short time and then drove away. Returning a little later in the evening they parked their car on Ninth avenue, facing north, opposite the Robeson garage. The witness testified there was a flood light on an oil station which, together with the street light, furnished sufficient light so that she could recognize the car, and while they were sitting there defendant got out of the car opposite the driver's seat, and walked towards Water street on Ninth avenue. The witness recognized him by his way of walking and the clothing he had on. A few minutes later he came back and got into the car. Shortly after that Ray Robeson's car stopped at the corner to let someone out, and then turned south, went as far as the garage, and turned in there. A man got out of the car, opened the garage doors, and was recognized as Ray Robeson while he was standing in the light of the car. He returned to his car and drove into the garage. He came out of the garage, closed the doors and started walking north on Ninth avenue. Just then LaPean, whose car was parked across the street from the garage, ran across the street towards Robeson. He met Robeson in front of the house next to the garage, where there was a scuffle and an explosion, which sounded like a shot. LaPean ran to his car, got in and drove away, making a ‘U’ turn on Ninth avenue. Defendant came home about twenty minutes afterward, removed his clothing and got into bed. Mrs. Green went into the bedroom and inquired what they had done. Defendant said to her, ‘He wasn't supposed to shoot him; he was only supposed to hit him over the head,’ and when she said there would be trouble now, defendant said, ‘No, not if you will keep your damn mouth shut.’ When she went into defendant's bedroom he handed her a revolver and directed her to hide it, as he expected the officers to search his room. He threatened her if she talked, and she was afraid of him, as he had choked her on previous occasions.
Kohlhepp, proprietor of the grocery store, testified that he cashed checks for Robeson; that he paid him in bills of small denominations. Another witness testified that he observed a car opposite the Robeson garage with two people in it, whom he did not recognize, and a defense witness saw the car drive away after making a ‘U’ turn following the shooting.
F. E. Yates, of Eau Claire (F. V. McManamy, of Eau Claire, of counsel), for appellant.
John E. Martin, Atty. Gen., William A. Platz, Asst. Atty. Gen., and Henry E. Steinbring, Dist. Atty., of Eau Claire, for respondent.
Defendant was arraigned June 19, 1944, and pleaded the statute of limitations, sec. 353.21, Stats., which provides as follows:
The information charged the defendant with aiding in the commission of the offense of murder in the first degree on the 20th day of March, 1938, in violation of sec. 353.05, Stats., which section is as follows:
Defendant contends that he is charged as an accessory before the fact of first degree murder, while the state contends that he is a principal and not an accessory to the murder of Robeson. We are unable to agree with defendant's contention, as an accessory is never present at the commission of the felony. While the statute in question refers to an accessory to a felony, punishment is specifically provided for any person who shall aid in the commission of an offense which shall be a felony, and also provides for the punishment of a person...
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