State v. Barnes
| Decision Date | 07 December 1926 |
| Docket Number | 27388 |
| Citation | 289 S.W. 562 |
| Parties | STATE v. BARNES |
| Court | Missouri Supreme Court |
Frank M. Liston, of Kansas City, for appellant.
North T. Gentry, Atty. Gen., and Alexander M. Meyer, Special Asst Atty. Gen., for the State.
The appeal is from a judgment in the circuit court of Jackson county, upon conviction for rape. The offense is charged as being committed upon one Anna Myerowitz, a girl 13 years of age.
Anna lived with her parents in Twenty-+ Sixth street, in Kansas City. On the evening of June 19, 1925, she went to a moving picture show at the Prospect Theater, about eight blocks from her home, straight down Twenty-Sixth street. She left the show about 9 o'clock and started home along that street. She came to the intersection of Indiana street, crossed Indiana street, and crossed an alley. At the corner of Indiana street she saw a negro seated under the light on the steps. As she passed him, she heard steps behind her and turning, found a negro one step behind her. Before she could cry out, he clapped his hand over her mouth, choked her, and dragged her into the alley, and overcoming all resistance committed the offense. She fainted from the shock, presently recovered, and staggered out into the street where she met a Mrs. Rau, who took her home. She bore black marks on her neck where she had been choked. Her clothing was torn and bloody. She was taken to a hospital, where, on the following day, she was examined by a physician who corroborated her story, as did also Mrs. Rau and others who saw her immediately after the occurrence. The state introduced one George Eaton, who was engaged in the business of breeding and training bloodhounds. He brought bloodhounds to the place, gave them the scent of the track evidently made by the man who had committed the offense, and they followed the trail to the place where the defendant had a room. Two negro men had rooms at that house. Both of them were taken to the hospital the next day for identification, and Anna identified the defendant as her assailant, by his voice, his general appearance, and the fact that he had a sort of Charlie Chaplin moustache.
The defense was an alibi. The defendant swore that he spent the evening and the night with a colored girl named Wilson, with whom he had been keeping company. He swore, and was corroborated by the Wilson girl and other witnesses, that he had been living with her some months and was nowhere near the scene of the offense at the time it was alleged to have been committed. On this evidence, the jury found him guilty and assessed his punishment at 15 years in the penitentiary. The appellant has filed no brief in this court. The motion for new trial assigns several errors upon which a reversal is asked.
I. Objection was made to the witness Mrs. Paul Rau on the ground that her name had not been indorsed on the indictment. When the objection came up, it was shown that on the previous day the court had entered an order permitting her name and others to be indorsed on the indictment. At that time an objection was made and the prosecuting attorney offered to allow counsel for defendant to examine the witnesses whose names were so indorsed, so that he might prepare to meet what they had to say. The offer was refused. It was not shown that there was any intention to deceive or mislead the defendant in respect to such witnesses, or that the defendant was injured by the delay in indorsing them on the indictment. The court did not abuse his...
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