State v. Black

• Decision Date: 16 February 1898
• Citation: 143 Mo. 166,44 S.W. 340
• Parties: STATE v. BLACK.
• Court: Missouri Supreme Court

44 S.W. 340

143 Mo. 166

STATE v. BLACK.

Supreme Court of Missouri, Division No. 2.

February 16, 1898.

MURDER — EVIDENCE — EVIDENCE OF ACCOMPLICE — INSTRUCTIONS.

1. Deceased's daughter testified that during the night her father left the house, telling her he was going out to listen. Shortly afterwards he was shot, and when the daughter came out she saw a wagon passing up the road, with two men in it. Sacks filled with corn, and a knife identified as defendant's, were found in the corncrib. The evidence showed that defendant and another had met in the evening, and had driven to deceased's house, where, as testified by defendant's accomplice, the former went to get some corn, and, returning to the wagon, said he had shot deceased. Held, that the evidence was sufficient to sustain a verdicit of murder in the first degree.

2. A conviction may be had upon the uncorroborated evidence of an accomplice, if the jury believe it to be true.

3. An instruction that defendant should be acquitted if the jury had a reasonable doubt that defendant was present at, or in any manner aided or abetted or participated in, the killing, is correct, as entirely favorable to defendant.

4. Where all the evidence tended to show that defendant killed deceased while caught stealing the latter's corn, an instruction defining manslaughter in the first and third degrees, and submitting the issue of defendant's guilt of either of said degrees, was incorrect, but not prejudicial, as defendant was convicted of murder in the first degree.

5. An accomplice in a killing is competent to testify on the trial of the other party, separately indicted for murder.

Appeal from circuit court, St. Louis county; Rudolph Hirzel, Judge.

Walter Black was convicted of murder in the first degree, and appeals. Affirmed.

Zach. J. Mitchell, for appellant. Edward C. Crow, Atty. Gen., and Sam B. Jeffries, Asst. Atty. Gen., for the State.

GANTT, P. J.

From a conviction of murder in the first degree in the circuit court of St. Louis county, at the May term, 1897, the defendant prosecutes this appeal. On the night of May 5, 1897, in St. Louis county, near Bonfils station, Michael Prendergast was shot and killed, between his dwelling house and his corncrib, about 11 o'clock. He and his daughter, a young lady, and hired man, James Phfals, spent the evening at his home, and retired about 10 o'clock that night. Somewhere near 11 o'clock, Miss Prendergast heard her father going out of the back door, and, calling to him, inquired, "Is that you?" and he replied, "Yes; I am going out to listen." A few moments afterwards she heard the report of a gun fired. She heard three shots, very close together, from the direction of the corncrib on the place. She immediately ran out, and saw her father going towards the chicken house, to lean against it. She ran to him, and caught him in her arms, but he fell to the ground, and she cried out for assistance. At this time she noticed a wagon, with two men in it, going west, up the public road, which ran about 60 feet from the home of the deceased, and about 25 feet from the corncrib. She called after the men in the wagon, that they had murdered her father. Mr. Prendergast died about midnight. The following morning, upon an examination of the crib, three sacks filled with corn were found in the crib. Two were tied with a fish line, and the other was untied. There was also an empty sack. None of these sacks were there the evening before the murder. At the same time a knife and more string was found in the crib. The evidence establishes that on that same night the defendant, Walter Black, and James Stewart, by arrangement, went to the house of a negro man by the name of Costly Black, a relative of defendant. They traveled in a two-horse wagon, drawn by two horses, one belonging to Stewart; the other, to defendant. After reaching Costly Black's house, they remained playing dominoes until about 11 o'clock, and left in the wagon, in the direction of the house of deceased. Stewart testified that, when they reached a point near the residence of deceased, they stopped, and defendant got out of the wagon, and crossed the lot, towards the house; Stewart remaining in the buggy. Stewart testified that defendant told him he was going to get some corn over there, in the field of Prendergast; that he did not have enough to feed that night. He brought the sacks with him. He said that while defendant was gone he heard two shots fired. Defendant was gone about 10 or 15 minutes, and came back running. Upon his return, Stewart asked him what was the matter, and he said he had shot Mr. Prendergast. He had a pistol in his hand. They heard Miss Prendergast call to them as they drove off. They went to Stewart's house that night after the shooting. The knife found in the crib was identified as belonging to defendant, and also the pistol found at his house next day. Stewart was separately indicted, tried, and convicted of murder in the second degree, and was under sentence when he testified. Defendant did not testify. The court instructed the jury on murder in the first and second degrees, and manslaughter in the first and third degrees. The jury returned a verdict...