State v. Buck, No. WD

CourtCourt of Appeal of Missouri (US)
Writing for the CourtBefore CLARK; CLARK
Citation724 S.W.2d 574
PartiesSTATE of Missouri, Respondent, v. Ralph E. BUCK, Appellant. 37850.
Decision Date16 December 1986
Docket NumberNo. WD

Page 574

724 S.W.2d 574
STATE of Missouri, Respondent,
v.
Ralph E. BUCK, Appellant.
No. WD 37850.
Missouri Court of Appeals,
Western District.
Dec. 16, 1986.
Motion for Rehearing and/or Transfer to Supreme Court Denied
Feb. 3, 1987.
Application to Transfer Denied March 17, 1987.

Kathleen Murphy Markie, Columbia, for appellant.

John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before CLARK, C.J., and DIXON and NUGENT, JJ.

CLARK, Chief Judge.

Ralph Buck was charged with and convicted of first degree sexual assault and escape from confinement. His two points on appeal contend, as to both offenses, that the evidence was insufficient to support the verdicts and that acquittal should have been directed. The conviction of sexual assault is affirmed. The conviction of escape from confinement is reversed.

The events which gave rise to both charges lodged against appellant occurred in a continuous, interrelated sequence and are restated here without differentiation as to the separate crimes. The evidence is reviewed in the light most favorable to the state, all contrary evidence and inferences being disregarded. State v. Smith, 686 S.W.2d 43, 46 (Mo.App.1985).

The scene of the alleged crimes was the Boone County Jail where appellant was confined. On July 19, 1985, a female, F.C.D., was arrested for possession of marijuana and because of her bizarre behavior, she was placed in protective custody. She was combative, insisted on removing her clothes and rambled incoherently. Ultimately, F.C.D. was placed in a cell on the second floor of the jail where she continued to behave irrationally. At some time between July 19 and July 22, appellant and two other inmates of the jail were moved into a three-man cell which was adjacent to the cell occupied by F.C.D. Although the cells were separated by a masonry wall, appellant and his cellmates were able to observe F.C.D. through a hole in the wall and exchanged remarks with her about prospects for sexual encounters.

During the afternoon of July 22, the officers on duty at the jail heard banging noises coming from the second floor area, but because they were shorthanded, no one

Page 575

went to investigate until early evening. When the guard went to the cell area about 7:00 p.m., he found that a hole had been battered in the wall between appellant's cell and that of F.C.D. and appellant was in the latter's cell engaged in sexual intercourse with F.C.D. According to one of appellant's cell-mates who testified for the state, appellant had used a metal reinforcing bar removed from one of the cell bunks to knock out enough of the wall to gain access to F.C.D.'s cell.

Appellant was returned to his cell and F.C.D. was taken to the University of Missouri Medical Center for examination. In route, F.C.D. continued to make inappropriate statements, talked incoherently, refused to put on clothing and was belligerent. At the hospital, a psychiatrist was called in for consultation and after observing F.C.D., he expressed the opinion that she was mentally incapable of giving a valid consent to a physical examination. From current observations and information in the hospital records pertaining to F.C.D.'s prior admissions, the doctor's opinion was that F.C.D. was suffering from schizophrenia, paranoid type. A second examination was performed and that physician's diagnosis of F.C.D.'s mental illness was the same.

As to the sexual offense, appellant contends the state did not prove F.C.D.'s mental state was such that she was unable to consent to intercourse. He also contends there was no proof he had knowledge of the victim's mental impairment. The second argument is relevant only if the victim was in fact incapable of...

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5 practice notes
  • Cone v. Denney, Case No. 11-0724-CV-W-GAF-P
    • United States
    • U.S. District Court — Western District of Missouri
    • February 29, 2012
    ...trial court in Cone's case and found the evidence presented therein sufficient to support the defendant's conviction. See State v. Buck, 724 S.W.2d 574 (Mo. App. W.D. 1986). Buck offers no guidance related to the factual scenario presented in the case at bar.At the time Cone had sexual inte......
  • State v. Moore, No. 28A01-0903-CR-111.
    • United States
    • Indiana Court of Appeals of Indiana
    • October 7, 2009
    ...he put a dummy in his bed, left his cell at an unauthorized time, and was found drinking alcohol in the prison library); State v. Buck, 724 S.W.2d 574 (Mo.Ct.App.1986) (inmate committed sexual assault but not escape when he broke through the wall between his cell and another inmate's, rapin......
  • Cone v. State Of Mo., No. WD 70432.
    • United States
    • Court of Appeal of Missouri (US)
    • August 31, 2010
    ...trial court in Cone's case and found the evidence presented therein sufficient to support the defendant's conviction. See State v. Buck, 724 S.W.2d 574 (Mo.App. W.D.1986). Buck offers no guidance related to the factual scenario presented in the case at bar. At the time Cone had sexual inter......
  • Carr v. Mo. Attorney Gen. Office, WD 80727
    • United States
    • Court of Appeal of Missouri (US)
    • September 18, 2018
    ...part as "sexual intercourse with another person ... who is fourteen or fifteen years old." Section 566.040, RSMo 1979; State v. Buck , 724 S.W.2d 574 (Mo. App. 1986).On July 29, 2016, Carr filed a Petition for Removal from the Missouri Sex Offender Registry ("Registry"), pursuant to Missour......
  • Request a trial to view additional results
5 cases
  • Cone v. Denney, Case No. 11-0724-CV-W-GAF-P
    • United States
    • U.S. District Court — Western District of Missouri
    • February 29, 2012
    ...trial court in Cone's case and found the evidence presented therein sufficient to support the defendant's conviction. See State v. Buck, 724 S.W.2d 574 (Mo. App. W.D. 1986). Buck offers no guidance related to the factual scenario presented in the case at bar.At the time Cone had sexual inte......
  • State v. Moore, No. 28A01-0903-CR-111.
    • United States
    • Indiana Court of Appeals of Indiana
    • October 7, 2009
    ...he put a dummy in his bed, left his cell at an unauthorized time, and was found drinking alcohol in the prison library); State v. Buck, 724 S.W.2d 574 (Mo.Ct.App.1986) (inmate committed sexual assault but not escape when he broke through the wall between his cell and another inmate's, rapin......
  • Cone v. State Of Mo., No. WD 70432.
    • United States
    • Court of Appeal of Missouri (US)
    • August 31, 2010
    ...trial court in Cone's case and found the evidence presented therein sufficient to support the defendant's conviction. See State v. Buck, 724 S.W.2d 574 (Mo.App. W.D.1986). Buck offers no guidance related to the factual scenario presented in the case at bar. At the time Cone had sexual inter......
  • Carr v. Mo. Attorney Gen. Office, WD 80727
    • United States
    • Court of Appeal of Missouri (US)
    • September 18, 2018
    ...part as "sexual intercourse with another person ... who is fourteen or fifteen years old." Section 566.040, RSMo 1979; State v. Buck , 724 S.W.2d 574 (Mo. App. 1986).On July 29, 2016, Carr filed a Petition for Removal from the Missouri Sex Offender Registry ("Registry"), pursuant to Missour......
  • Request a trial to view additional results

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