State v. Boyer

• Decision Date: 22 February 1972
• Docket Number: No. 56403,No. 1,56403,1
• Citation: State v. Boyer, 476 S.W.2d 613 (Mo. 1972)
• Parties: STATE of Missouri, Respondent, v. Joseph Arthur BOYER, Jr., Appellant
• Court: Missouri Supreme Court

Page 613

476 S.W.2d 613

STATE of Missouri, Respondent, v. Joseph Arthur BOYER, Jr., Appellant.

No. 56403.

Supreme Court of Missouri, Division No. 1.

Feb. 22, 1972.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Benson Cytron, House Springs, for appellant.

HIGGINS, Commissioner.

Joseph Arthur Boyer, Jr., was convicted by a jury of murder, first degree. The jury failed to agree on punishment, and the court assessed punishment at life imprisonment. Sentence and judgment were rendered accordingly. §§ 559.010, 559.030, V.A.M.S.; Criminal Rule 27.03, V.A.M.R.

Joseph Arthur Boyer was charged by information with the deliberate and premeditated murder of Larry James Smith by shooting him with a 22-caliber Sears rifle in Jefferson County, Missouri, September 17, 1969.

On September 17, 1969, Ray Starr was the owner of a Standard service station at the intersection of I--55 and Z Highways near Pevely, Jefferson County, Missouri. In early 1969 the defendant worked for him for about two weeks. Larry James Smith began working for Mr. Starr August 22, 1969, and was on duty at the station the night of September 16 and early morning of September 17, 1969.

James C. Chambers, an employee of the Jefferson County sheriff's office, received a radio call at 3:35 a.m., September 17, 1969, and proceeded to Mr. Starr's station, arriving there at 3:41 a.m. He found the body of a man later identified as Larry James Smith lying in the driveway of the station. He went into the station and found a cash register open with the metal insert on the floor twelve feet away. He also found two spent 22-caliber cartridge cases on the floor and two more such empty shells in the back part of the garage. He gave these items to Officer Ferguson upon his later arrival at the scene. Later, he went to the Politte Funeral Home where an autopsy was performed on Larry James Smith. He saw a bullet taken from the body which was given to him and which he, in turn, gave to Officer Ferguson.

Irvin Ferguson, also an employee of the Jefferson County sheriff, went to Mr. Starr's station after receiving a call at 3:40 a.m., September 17, 1969, and met Officer Chambers from whom he received the four 22-caliber casings. Officer Ferguson also went to the Politte Funeral Home where he observed the autopsy performed by Dr. Sheffield. Dr. Sheffield removed some lead fragments from the victim's body. Later on, he received a 22-caliber rifle from Deputy Sheriff Ted Wheelis which, together with the four shell casings and the lead fragments, he delivered to Detective Reeder in the St. Louis police laboratory.

James C. Rehn, Jefferson County coroner, examined the body of Larry James Smith at 4:45 a.m., September 17, 1969. He noted the only injury to be a small caliber bullet wound in the left lower section of the abdomen.

Dr. William H. Sheffield, a pathologist, performed the autopsy on the body of Larry James Smith. He found no external trauma except for a wound in the lower abdomen just below the belt line on the left side. He determined it to be a gunshot wound and the bullet wound was the cause of death. He found an extensively distorted bullet imbedded in the right iliac bone which he removed and gave to Deputy Ferguson.

Robert Finder, father-in-law of defendant, saw him two days prior to September 17, 1969, at which time he saw a 22-caliber rifle on the back seat of his 1960 or 1961 red convertible Ford automobile.

On September 17, 1969, Leo Ray Link was in charge of security at Pittsburgh Plate Glass Company in Crystal City, Missouri. At 1:00 a.m., he was called by a guard who had seen a car go into the parking lot. He drove to the lot and waited for about five minutes when he saw a red and white, 1959 Chevrolet belonging to Willis Skaggs leave the lot. He determined that Mr. Skaggs was working and that someone else had taken his car. They went to the police station and reported the theft. Mr. Link saw the Chevrolet later at 3:00 a.m., parked in another part of the Pittsburgh Plate Glass parking lot. He returned to the police station to report this information which was then put on the police radio. He returned to the parking lot and saw Officer Nahlik with defendant in his patrol car. He noted the defendant had black markings under his eyes.

Joe Harmon, an employee at Pittsburgh Plate Glass, was on relief between 3:00 and 3:30 a.m., September 17, 1969, when he saw Mr. Skaggs's Chevrolet drive into the parking lot.

Willis Skaggs was told by Mr. Link of the theft of his car between 1:30 and 2:00 a.m., September 17, 1969. He went with Mr. Link to the police station to report the loss. He next saw the car between 3:00 and 3:30 a.m. when it pulled into the parking lot. He next saw Officer Nahlik with someone who got out of his car. He permitted Officer Nahlik to take the car to the police station and he obtained it next day. In order to start it, he had to 'wire it up' as shown by the police.

Robert E. Nahlik, assistant chief of police in Crystal City, was first advised to look for a white-over-red 1959 Chevrolet at 2:05 a.m., September 17, 1969. He first saw it in the west parking lot at Pittsburgh Plate Glass around 3:30 a.m. He went up to it and found defendant lying down in the front seat. He arrested defendant and noted a butcher knife, pillowcase, hand towel, washcloth, some rolled money in a box, and a can of Goop hand cleaner in the car. He placed defendant in a patrol car with Sergeant Haverstick, walked around the car, looked through the window and saw a 22-caliber rifle. He obtained permission from Mr. Skaggs to take the car to the police station to search it. Given permission, he took the car to the station after first rewiring the ignition. The wires had been pulled loose.

Theodore L. Wheelis, another employee of the Jefferson County sheriff, participated in the search of the Skaggs automobile at a garage near the Crystal City police station. He took from it a 22-caliber rifle, towel, washcloth, Goop, and $54 in bills and $75 in change. He also removed twelve 22-caliber shells from the rifle. He gave the rifle and shells to Officer Ferguson.

Paul Reeder of the St. Louis police department laboratory, received the rifle, shells, casings, and bullet from Officer Ferguson. The bullet fragment was too deformed to compare with a bullet test fired from the rifle but it and the rifle did compare with respect to number of lands and grooves and direction of twist. The four spent shells all had markings identical to a test-fired shell. His opinion was that the four shells (found in the station) were fired by the rifle (found in the car with defendant).

A written, signed confession of defendant recited that he left his home in Crystal City about 1:15 a.m., September 17, 1969, and went to the Pittsburgh...