State v. Brown
| Decision Date | 08 April 1941 |
| Docket Number | No. 25570.,25570. |
| Citation | 149 S.W.2d 414 |
| Court | Missouri Court of Appeals |
| Parties | STATE v. BROWN. |
Appeal from St. Louis Circuit Court; Robert L. Aronson, Judge.
"Not to be reported in State Reports."
Marvin Brown was convicted of a common assault, and she appeals.
Judgment affirmed.
Emanuel Williams, of St. Louis, for appellant.
Franklin Miller, Circuit Atty., and Joseph M. Walsh, Asst. Circuit Atty., both of St. Louis, for respondent.
Defendant Marvin Brown (a female) was charged in the Circuit Court of the City of St. Louis with the crime of assault with intent to kill. On a trial before the court and a jury, she was convicted of common assault and her punishment assessed at six months in jail and $100 fine. Her motion and supplemental motion for new trial having been overruled, she duly appealed to this court.
Defendant has caused to be filed in this court a complete transcript of the record, including the bill of exceptions, judgment and sentence. Neither the defendant nor the State has filed a statement or brief in this court, nor was any argument made in behalf of either herein. Under § 4150, R.S.Mo.1939, formerly § 3760, R.S.Mo. 1929, Mo.St.Ann. § 3760, p. 3298, it is our duty to examine the whole record for errors, if any. State v. Cropper, 327 Mo. 193, 36 S.W.2d 923; State v. Walker, Mo. App., 110 S.W.2d 780; State v. Kernek, Mo.App., 15 S.W.2d 865.
The information charges that defendant, on the 11th day of August, 1938, with force and arms in and upon Mary Lewis, feloniously, willfully, on purpose and of her malice aforethought, made an assault; and the said Marvin Brown, with a certain weapon, to wit, a knife, then and there feloniously, willfully, on purpose and of her malice aforethought, did cut, stab and wound the said Mary Lewis, giving to the said Mary Lewis with the knife aforesaid divers wounds with the felonious intent then and there her, the said Mary Lewis, feloniously, willfully, on purpose and of her malice aforethought, to kill. No objection was made by defendant to the information charging the crime, nevertheless we have examined § 4014, R.S.Mo. 1929, Mo.St.Ann. § 4014, p. 2817, the statute on which the information was based, and find that it follows the language of the statute and is therefore sufficient. State v. Pool, 314 Mo. 673, 285 S.W. 726.
Mary Lewis testified for the State that, on August 11, 1938, at about quarter past eight in the morning, defendant came to her door and said: ; that defendant further said, "I'm going to whip him and you, too, if you don't like it"; that witness said, ; that defendant then cursed and swore at the witness and used vile and filthy language towards her. The witness stated the language at length, but no useful purpose would be served by repeating the language in this opinion.
The witness further testified that she was standing on the steps in the back of her home at the time of the assault; that defendant jumped on her back and started hitting her, knocked or pulled her down from the steps; that she was stabbed five times in the back; that, after witness was on the ground, defendant kept hitting her and the witness felt something running down her legs, which she later found was blood; that she struggled with defendant and finally got into a position where she bit defendant's breast; that defendant then turned her loose and picked up her basket and ran. The witness testified that after the assault her face was all full of blood and blood was running down her legs from wounds in her back and neck; that she had five stab wounds in all; that she had never had any trouble or arguments with defendant before that day, only that defendant had told her that the witness' boy had put some dirt on her clothes a few days before, and that the witness had whipped her own boy for doing that. After she was wounded, the witness was taken to the Homer Phillips Hospital where she remained for about a week having her wounds treated.
Mamie Glenn testified as a witness for the State that on the morning in question she heard defendant cursing in the yard where the witness, defendant and Mary Lewis lived; that defendant was standing at the clothesline hanging up some clothes; that she heard defendant in the yard using vile language, and saw defendant break and run towards Mary Lewis who was standing on her back steps; that she saw defendant pull Mary Lewis down off the steps, and saw the motion of defendant's hand going up and down, striking Mary Lewis; that she did not see a knife, but immediately afterwards saw that Mary Lewis was "as bloody as she could be"; that Mary did not have time to hit the defendant.
Dr. Richard C. Hackney testified for the State that he treated Mary Lewis at the Homer Phillips Hospital; that she had five stab wounds on the upper portion of her body and neck, and that she had lost considerable blood.
Police Officer Paul W. Kratz testified for the State that, on the morning in question, he saw Mary Lewis sitting on the steps at her home bleeding, and that he took her to the Homer Phillips Hospital; that later the same morning he arrested defendant when she came to the Deere and Easton Avenue Police Station to surrender; that, at the time of her arrest, defendant stated that Mary Lewis had threatened to go into her house and get a pistol, and that they then scuffled; that defendant told the witness she had cut Mary Lewis but did not answer as to what she cut her with; that defendant stated she was so excited she did not know what she did with the knife or whatever instrument she used.
At the conclusion of the State's evidence, defendant offered a demurrer to the evidence, which the court overruled.
Beulah Bridges testified as a witness for defendant that she lived on the third floor at the scene of the trouble; that she heard the argument in the yard and heard Mary Lewis say that if anybody whipped her child "she would shoot the brains out of them"; that Mary Lewis then went in the house and came out, and that defendant and Mary Lewis went into a clinch, whereupon witness went to her room to dress and did not see anything further of the altercation; that she did not hear defendant call Mary Lewis any dirty, vile or vulgar names or hear her swear at her. The witness testified that defendant's reputation for peace and quiet was good; that she did not see a weapon in defendant's hands or in Mary Lewis' hands.
Defendant, testifying as a witness for herself, said that, on the morning in question, she was getting ready to hang up on a line in the yard some clothes which she had washed; that she stopped at Mary Lewis' door and called her out and told her that she was going into the yard to hang up her laundry and...
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