State v. Brown
Decision Date | 14 February 1949 |
Docket Number | 41254 |
Citation | 217 S.W.2d 546 |
Parties | State of Missouri, Respondent, v. Raymond C. Brown, Appellant |
Court | Missouri Supreme Court |
From the Circuit Court of Greene County Criminal Appeal Judge Hiram McLaughlin
Reversed
The defendant was convicted in the Greene County Circuit Court on a charge of burglary with intent to kidnap and to rape. The information also alleged that the defendant had previously been convicted of a felony and had served a term in the State Intermediate Reformatory. Defendant's punishment in the present case was fixed at 10 years imprisonment in the State Penitentiary. An appeal was duly taken from the sentence imposed.
Appellant's first assignment in his motion for new trial states that a new trial should have been granted "because the verdict of the jury is against the evidence and there is no substantial evidence to support the verdict of burglary with intent to kidnap and rape". The question of the sufficiency of the evidence was briefed in this court. The State contends that since the appellant filed a demurrer to the evidence at the close of the State's case and thereafter introduced evidence and did not refile the demurrer at the close of all evidence, the question is not before us for review. This precise point was decided by this court adversely to the State's contention in State v. Clark, 353 Mo. 470, 182 S.W.2d 619, l.c. 622 (5,6). We hold the point was preserved for review. We will set forth the evidence most favorable to the State, quoting from the principal witness when deemed necessary.
The prosecuting witness, Eugenia Covin, who was 21 years of age lived with her mother at 859 North Jefferson Street Springfield, Missouri. The house in which they lived belonged to Eugenia's uncle who with his wife also lived there. These four people were all at home on the night of November 20, 1947 and in the early morning hours of November 21, 1947 when the alleged offense was committed. The evidence relied upon by the State to support the charge with reference to the intent to kidnap and to rape was given by Eugenia Covin and we quote the following from her testimony:
"Q. 'Now, Eugenia, if you will, just tell the Court and Jury in your own words exactly what happened to you while you were asleep this morning of November 21 of last year.'
A. 'After I had gone to bed - the first thing that I was conscious of was being awakened by a person crouching at the foot of the bed, on the side on which I slept, bending over me, holding my hand with his hand - it was a masculine person - and with his left hand on my left shoulder, and whispering in my ear.'
Q. 'What was he saying?'
A.
Q. 'Did he say anything else that you could understand?'
A.
Q. 'Go right ahead and tell the Court and Jury what occurred.'
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