State v. Baldwin
| Decision Date | 22 December 1925 |
| Docket Number | 26206 |
| Parties | STATE v. BALDWIN |
| Court | Missouri Supreme Court |
Jones H. Parker, of St. Louis, for appellant.
Robert W. Otto, Atty. Gen., and Harry L. Thomas, Sp. Asst. Atty Gen., for the State.
Statement
On January 31, 1924, an indictment was returned into the circuit court of the city of St. Louis, Mo., which, without caption reads as follows:
'The grand jurors of the state of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn, and charged, upon their oath present, that Sylvester Baldwin on the 3d day of January, in the year of our Lord one thousand nine hundred and twenty-four at the city of St. Louis aforesaid, with force and arms, in and upon one Roy Smith feloniously did make an assault; and the said Roy Smith, in fear of an immediate injury to his person, then and there feloniously did put, and by force and violence to his person $ 31.50, lawful money of the United States, of the value of $ 31.50, all of the moneys and personal property of the said Roy Smith, from the person and in the presence and against the will of the said Roy Smith, then and there, with force and violence as aforesaid, feloniously and violently did rob, steal, take, and carry away, with the felonious intent then and there to permanently deprive the owner of the use thereof and to convert same to his own use, against the peace and dignity of the state.
'Howard Sidener, Circuit Attorney.'
The case was tried before a jury, and on March 5, 1924, the following verdict was returned:
'We, the jury in the above-entitled cause, find the defendant guilty of robbery in the first degree, as charged in the indictment, and assess the punishment at imprisonment in the penitentiary for 5 years.
'George W. Weinberger, Foreman.'
Motions for a new trial and in arrest of judgment were filed, and overruled by the court. On May 2, 1924, allocution was had, judgment rendered, and sentence pronounced in conformity with said verdict. On the same day, an appeal was granted defendant to this court.
State's Evidence. -- Roy Smith testified, in substance, that he lived at 2550 Benton street, in above city; that he was 21 years of age, and is an automobile mechanic; that on January 3, 1924, he was driving a laundry truck for the Mound City Wet Laundry; that he had been working for said laundry about 3 weeks before January 3, 1924; that about 7 o'clock p. m., on said January 3d, he was delivering laundry at 2922 University street; that he went from the latter on Glasgow avenue, where he was held up; that Glasgow avenue runs north and south; that University street runs east and west; that he was at the mouth of the alley between Dodier and University on Glasgow when held up; that he was driving a Ford delivery truck, at above point, when defendant and his companion held him up; that he was going north and had nearly come to a stop, when the defendant and his companion ran their machine immediately ahead of him, and to a stop; that defendant was standing on the running board of their machine, jumped off of same, and said to him (witness), 'Throw 'em up'; that defendant had a revolver in his hand, and pointed the same at him while about one foot away; that he asked defendant if it was a joke, and was answered in the negative; that defendant then told him to throw up his hands or he would kill him; that he threw up his hands, as ordered by defendant; that one of defendant's companions got out of their machine, ran alongside of defendant, pointed his pistol at him (witness), and told him to get out of his machine, which witness did, and, while the gun was pointed at him, Baldwin and his partner took his money from him out of his right-hand trousers pocket; that they took from him $ 31 of lawful money of the United States. Witness testified that there was a lamp post right there at the alley, and that they held him up practically right in the light of the lamp; that he looked at defendant, Baldwin, while he was close; that he knows Baldwin was one of the men who held him up by a scar on the left side of his face; that, after defendant and his companion took his money, they ordered him to get in his machine and drive on; that he cranked his machine, and did as they directed him; that he (witness) went to the Deer Street Police Station and reported the robbery; that he then went to the Central District Police Station on January 5th, and was there shown a great number of pictures, possibly 1,000; that he came to one picture, and looked through others; that he there saw defendant's picture, marked as the State's Exhibit A; that the picture is a true representation of the man who held him up; that he afterwards saw defendant at the Deer Street Station in St. Louis, Mo., and recognized him as one of the men who held him up.
On cross-examination witness testified that the money which they took from him was collected on the laundry route; that he was not drunk, and did not stop for a drink; that the man who robbed him had on a black hat, a brown suit, and a dark shirt, but had no tie; that defendant was in a large touring car when he and his companion drove in front of witness.
Louis E. Baker, a police photographer, took a photograph of defendant, Baldwin, which he identified as State's Exhibit A. He testified that it was a true representation of defendant when taken; that the Exhibit A had been kept in the Bertillon room in police headquarters.
Defendant's Evidence. -- James Buckley, an automobile mechanic, testified, in substance, that he was with defendant on the evening of January 3, 1924, in a beverage parlor at 2825 North Sarah, St. Louis, Mo.; that they were taking down Christmas decorations; that he (witness) got to the above parlor about a quarter to 6 and remained there until 10:30; that defendant was there when witness came, and remained during all of said time.
On cross-examination witness testified that he was not with defendant in an automobile on the evening of January 3, 1924.
John A. Dickson testified that he was at 2825 North Sarah, Hurley's soft drink parlor, on the evening of January 3, 1924, and remained there until half past 7; that defendant came there about half past 5 that evening, and was there when witness left.
On cross-examination witness was shown said Exhibit A, and testified that it was a picture of defendant, Baldwin.
Harry Bergdorf testified that on the evening of January 3, 1924, he saw defendant between 6:30 and a quarter to 7 at Hurley's saloon.
John J. Hurley and wife testified that on the evening of January 3, 1924, defendant was at the Hurley saloon continuously from 6 to 8 p. m.
Opinion.I. Appellant in his motion in arrest of judgment assails the validity of the indictment. It is heretofore set out in full. It complies with the requirements of our statute and the rulings of this court both as to form and substance. Section 3307, R. S. 1919; State v. Strada (Mo. Sup.) 274 S.W. 34, 35; State v. Brazel (Mo. Sup.) 270 S.W. 273; State v. Roderman, 297 Mo. loc. cit. 147, 148, 248 S.W. loc. cit. 965; State v. Yates (Mo. Sup.) 252 S.W. loc. cit. 644; State v. Affronti, 292 Mo. 53, 238 S.W. loc. cit. 109; State v. Huffman (Mo. Sup.) 238 S.W. loc. cit. 431; State v. Reich, 293 Mo. loc. cit. 417, 239 S.W. 835; State v. Massey, 274 Mo. loc. cit. 584, 585, 204 S.W. 541; State v. Eddy (Mo. Sup.) 199 S.W. loc. cit. 187, 188; State v. Flynn, 258 Mo. loc. cit. 214 and 224, 167 S.W. 516.
II. At the conclusion of the case, defendant interposed a demurrer to the evidence, which was overruled, and this ruling is assigned as error in the motion for a new trial.
The testimony is set out with great particularity in the preceding statement. It does not appear from the record that appellant testified in the case. His witnesses, James Buckley, John A. Dickson, Harry Bergdorf, John J....
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