State v. Bayless
| Decision Date | 14 May 1951 |
| Docket Number | No. 42314,No. 1,42314,1 |
| Citation | 362 Mo. 109,240 S.W.2d 114 |
| Parties | STATE v. BAYLESS |
| Court | Missouri Supreme Court |
Frank E. Mathews, St. Louis, for appellant.
J. E. Taylor, Atty. Gen., David Donnelly, Asst. Atty., Gen., for respondent.
Defendant was charged with murder in the first degree, but was convicted of murder in the second degree and sentenced to a term of 50 years in the state penitentiary. He has appealed.
The indictment charged an assault upon Gladys Taylor Hallenbach Crossley, in the city of St. Louis, on June 11, 1948, resulting in her death on June 12, 1948. Her body was found in Tower Grove park in the city of St. Louis, about 9 a.m., Saturday June 12, 1948. It was found 75 feet north of Arseal avenue and some 60 feet west of the west curbline of Spring avenue extended. Death had occurred between 6 p.m., June 11, and 6 a.m., June 12, and had been caused by the application of force, blows to the body, external hemorrhage, suffocation by choking, and by shock. There were scratch marks and contusions on deceased's neck, a laceration of the right temporal artery, fractures of the upper and lower jaw bones and of the nose. Two of her upper teeth had been knocked out, her head, face, eyes and right shoulder bruised, her lips cut and there was 'aspirated blood in both lungs.' 'She could have received these wounds (the traumas and fractures) by kicking.' The body was clothed in a black dress with a wide leather belt and there was a lady's large, open crown, black straw hat under her head. Sometime subsequent to the finding of the body, deceased's black purse was found in Tower Grove park about 30 or 40 feet from Roger's place and deceased's wallet was found at the intersection of Oak Hill and Arsenal streets. Roger's place is the second street west of Spring avenue and Oak Hill is the third street west.
Appellant, 21 years of age, was employed near Fred's Cafe, 213 Lucas street, in the city of St. Louis. He had been frequenting the cafe after work for several days prior to June 11, 1948, and deceased, a divorce about 41 or 42 years of age, had been employed at the cafe during approximately the same period. Appellant came to the cafe about 5 p.m., June 11, 1948, and had two beers with men companions. Deceased, off duty, came to the cafe about 5:20 p.m. and sat at the bar visiting with some taxicab drivers, when appellant sent word that he wanted to talk to her. He advised one of his companions that he wanted to take her out and wanted to get into her pants. Presently, she came and sat by appellant and they, thereafter, had some five beers each (5% beer). Appellant then made a phone call and he and the deceased left the cafe together, by a side door, some time between 7 and 8:30 p.m., and 'went west.'
At the cafe, deceased was dressed in a black dress with a wide black belt and she wore a 'picture hat', a large black straw with open crown and a small blue flower. She wore black slippers, long light blue gloves and carried a large patent leather purse with a strap over her shoulder. She was 'dressed up', while appellant wore a 'pretty dirty' and 'soiled' white shirt with his sleeves rolled up to his elbows and his shirt collar was open. He wore 'soiled' tan or gray trousers. There was also evidence his trousers were dark. He was round shouldered and his hair was long, black and shaggy looking, and extended down to the lower part of his neck.
After leaving Fred's Cafe, appellant and deceased were next seen on a Page avenue bus, going west on Washington avenue, between 9 and 9:30 p.m. They were on the bus before it crossed Broadway. Both smelled of alcohol and 'she was sort of laying on his shoulder like.' Appellant then wore tan or dark pants. Appellant and deceased alighted from the bus at Grand and Washington avenues at about 9:45 p.m.
Appellant and deceased were next seen riding a southbound Grand avenue street car, they were on the car when witness Clark boarded the car at Grand and Olive at 10 p.m. Deceased was either asleep or intoxicated and would lean down across the appellant almost to his lap. The couple was still on the street car at Grand and Market. There was also evidence that appellant and deceased boarded a southbound Grand avenue street car at Grand and Easton avenue, about 11 o'clock or a little after. The car was loaded and, when the door was not immediately opened, appellant kicked on the door. The motorman opened it and appellant and deceased were admitted. Appellant stood by the fare box and mumbled, but did not pay fare. He wore dark trousers. The couple found seats on the car, while between Laclede and Chouteau. They left the street car at Grand and Arsenal, about 11:15 p.m.
Appellant and deceased appeared at Brownie's Tap Room, on Arsenal avenue, 3 doors east of Grand avenue, between 11 and 11:30 p.m. and stayed 15 to 20 minutes, only long enough to drink one bottle of beer each.
Some time before midnight, a couple meeting the same general description was observed standing by a lamppost at the southeast corner of Arsenal and Spring avenues, one block west of Grand avenue and some four minutes walking time from Brownie's Tap Room. Two or three minutes later the two walked across to the north side of Arsenal avenue, where they stood talking for about 5 minutes. After the man had moved to enter the park two or three times, he took the woman by the arm and they entered the park. It was then 11:45 to 11:55 p.m. Deceased had formerly lived in the vicinity of Spring and Arsenal.
After the couple had entered the park some 28 feet the man was seen to stop, stoop down and straighten up and adjust his pants and, subsequently (his white shirt) was seen moving slowly in the direction of where deceased's body was found. The woman, when last seen, appeared to be crawling in the same direction. The couple was already in the park before a police car arrived at the corner house, Spring and Arsenal, about 12 p.m. It stayed about 5 minutes and left. No outcry was heard from the park. One witness said that appellant's description was the same as the man she saw enter the park, but she could not identify appellant as the man. She said the woman was about 5 feet 5 inches in height and wore a shining black dress. She could not see whether the woman wore or carried a hat. The man had dark hair, his shirt sleeves were rolled up and he wore light pants or 'olive drab.' He was 2 to 5 inches taller than the woman. Another witness said that when he saw appellant on June 14, 1948, appellant looked just like the man that went into the park. Appellant's 'general build' was identical to the man that went into the park. The man was stoop shouldered, slouched, with extremely long arms and his hands hung close to his knees. 'His hair was mussed up and was shaggy and appeared long.' He was taller than the woman. At the police station, appellant appeared to be the man who went into the park, he was of the same size and walked approximately the same way. His hair was the same color, but appeared to have been cut. The woman wore a shiny black dress. She had a large hat under her arm. He couldn't see any purse. The witness viewed the body of deceased after it was found and said (by the clothing) it appeared to have been the woman who entered the park.
The first positive identification of appellant after he left Brownie's Tap Room on the evening of June 11, 1948, was when he was observed, alone, coming from between some bushes on the south side of Tower Grove park, at a point where there was no path, between Oak Hill and Bent avenue, and opposite 4126 Arsenal avenue. He came into Arsenal avenue about half way, paused and looked in either direction, and then moved across to the sidewalk on the south side of the street, where he stood for just a few seconds, then moved over to a lightpost and acted like he was going between two of the houses. He then turned and went west on Arsenal toward Bent avenue.
The witness observed appellant with his white shirt open at the neck and sleeves rolled about half way. He kept his head down most of the time. His shoulders were drooped. He had long dangling arms, a long face and pointed chin, his weight was 150 to 160 pounds, he was yound for his size and had large ears and a large nose. Appellant came out of the park between 11:30 and 12 o'clock p.m. or it could have been a little bit after or a little bit before. It could have been a little after 12, because neither the witness nor her husband had a watch and they didn't look at the clock when they went in the house. It could have been 10 minutes after 12. It was around 12 o'clock. The witness had gone to her front porch at about 11 p.m., her husband joined her about 11:15 to 11:20, and they had been on the porch 45 to 50 minutes. Appellant at that time appeared to be wearing light colored, light weight pants. They looked to be light tan. The husband, also a witness, fixed the time 'between a quarter to and a quarter after,' nearer 12 p.m. The man's hair was heavy, disorderly and thrown back over his head. His arms appeared to be unusually long. He resembled appellant very much and witness thought appellant was the man.
On June 11 and 12 appellant resided at 5129a Vernon avenue, which is 1100 north, while Arsenal is 3100 south. Grand avenue is 3600 west and Kingshighway boulevard is 5000 west. Appellant's landlady testified that appellant phoned her around 8:30 p. m., June 11, 1948, and told her 'he was on his way home, he was in the dentist's office and was on his way home.' He arrived home, she would 'judge it was between a quarter of twelve and 12:30' a. m., June 12. It could have been 12:18 or 12:30, she couldn't tell exactly. By street car and bus transportation available to appellant, he could have traveled from Oak Hill and Arsenal to his home in a minimum of 29 minutes, or with a maximum wait between...
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