State v. Bonner

• Decision Date: 23 June 1914
• Docket Number: No. 18079.,18079.
• Citation: 168 S.W. 591,259 Mo. 342
• Parties: STATE v. BONNER.
• Court: Missouri Supreme Court

168 S.W. 591

259 Mo. 342

STATE v. BONNER.

No. 18079.

Supreme Court of Missouri, Division No. 2.

June 23, 1914.

1. CRIMINAL LAW (§ 775)—ALIBI—INSTRUCTIONS.

An instruction on alibi that, if there is any evidence that raises a reasonable doubt as to the presence of accused at the time and place of the commission of the crime, accused must be acquitted is sufficient, as against the objection that it fails to direct the attention of the jury to the evidence on the subject.

2. HOMICIDE (§ 250) — EVIDENCE — SUFFICIENCY.

Evidence held to support a finding that accused was the person who killed decedent, justifying a conviction of murder.

Appeal from Criminal Court, Jackson County; Ralph S. Latshaw, Judge.

George Bonner was convicted of murder in the first degree, and he appeals. Affirmed.

Defendant was convicted of murder in the first degree, and his punishment fixed by the jury at death.

Arthur Brown was convicted of killing Albert Underwood, and his sentence was reversed by this court. 247 Mo. 715, 153 S. W. 1027. Defendant was charged with the same murder. The killing occurred in the cashier's office of the freight department of the Missouri Pacific Railway Company in Kansas City, at about 5:40 p. m. of Friday, December 1, 1911. At that time there were six men in the room occupied by Underwood. There were six sixteen candle power incandescent lights in the room, over which were cone-shaped shades to throw the light down upon the desks of the men at work. There was another light, without a shade, in the hall in front of the door leading into the cashier's office. John R. Barnes, an assistant cashier, sat at a desk which was within two feet of the door. He heard the door open, and, looking up, saw two negroes standing in the door with drawn revolvers, and one of them (Brown) said, "Get into the vault and get in there quick," and, jumping behind Barnes' chair, fired a shot at him, burning his neck, shooting through his shirt, and setting fire to it. He then struck Barnes over the head. Barnes stumbled out of his chair and ran into the vault. Barnes testified that the other man in the door was the defendant, and that defendant kept his gun on the other man in the office. As to defendant's identity, he testified as follows:

"Q. Who was this other man who had his pistol leveled at the other boys? A. It was George Bonner, the defendant in this case. Q. Are you certain in your identification of him? A. Yes, sir. Q. Is there any possibility of a mistake on your part? A. I think not. Q. That this is the man? A. No, sir."

He testified that after getting into the vault he heard another shot, and Underwood said, "For God's sake, give a man a chance to get into the vault." Then another shot was fired, and Underwood went into the vault, saying, "Boys, I have been shot." He died of his wound about 8 o'clock the next morning. Barnes testified that there was another negro in the hallway, and that he did not previously know the defendant; that he passed right by defendant when he (witness) went into the vault, and that there was a light within four feet of defendant; that some of the lights were about as high as one's head, and some not quite so high. He testified that he recognized the defendant four days later at the inspector's office. On his cross-examination the following occurred:

"Q. Mr. Barnes, would you state positively under oath, without any manner of a doubt whatever, taking time to consider the answer to the question, would you swear absolutely and positively and finally and without any hesitancy or pretense of a doubt that the man whom you saw accompanying the murder was this man sitting at the table? A. Yes, sir."

The robbers got $136.75 in cash and $958 in checks. John R. Clayton, a collector for the company, was standing in the cashier's office, and, hearing a shot, turned to the door and saw the defendant about two feet inside, with his pistol leveled on the witness. Arthur Brown was near Barnes' desk and shot at Underwood. Witness then ran into the wareroom. The vault and wareroom were across an intervening room from the cashier's office. Clayton testified that he had never seen defendant before, and that he saw him again the following Monday at the detective office. He also testified that the lights in the room had shades throwing the light on the desks and leaving the rest of the room and the door in shadow.

Homer Langford, a colored man,...