State v. Canton

• Decision Date: 19 November 1921
• Docket Number: No. 22641.,22641.
• Parties: STATE v. CANTON.
• Court: Missouri Supreme Court

234 S.W. 799

STATE v. CANTON.

No. 22641.

Supreme Court of Missouri, Division No. 2.

November 19, 1921.

Appeal from Circuit Court, Boone County; David H. Harris, Judge.

Reed Canton was found guilty of murder in the second degree, and he appeals. Affirmed.

On May 29, 1919, the prosecuting attorney of Boone county, Mo., filed in the circuit court of said county an information in conventional form, charging defendant with murder in the first degree for killing C. B. Diggs, in Boone county aforesaid, on April 12, 1919. On July 3, 1919, defendant was tried before a jury in said county, and, on the following day, was found guilty of murder in the second degree, and his punishment fixed at 10 years in the penitentiary. An appeal was prosecuted to this court, the judgment below was reversed, and the cause remanded for a new trial. The opinion of Commissioner White in above case will be found reported in 222 S. W. 448. The defendant was again placed upon trial before a jury in Boone county after said reversal, on October 25, 1920, and on the following day the jury returned into court its verdict, as follows:

"We, the jury, find the defendant guilty of murder in the second degree, and assess his punishment at imprisonment in the state penitentiary for a term of 10 years."

Defendant's motion for a new trial and in arrest of judgment having been filed and overruled, he again appealed to this court.

Evidence.—The evidence in the case tends to show, in substance, that defendant Reed Canton, a colored boy 19 years of age, on April 12, 1919, killed his cousin, C. B. Diggs, in Boone county, Mo., at an entertainment and supper given for returned soldiers, held by the colored people at Sugar Grove church in said county. About midnight, while a number of persons were in the hall eating supper, deceased came rushing into the hall with a rock in his hand, laboring under excitement, and exclaiming that he was not going to let anybody run over him. Almost immediately afterwards defendant came to the door of the hall, swearing and exclaiming that he was going to kill Diggs. The minister, in charge pushed defendant out of the door. He immediately returned, knocked on the door with a stick of wood, and asked permission to come in. Nelson, the minister, told him he could not come in unless he behaved himself, which he agreed to do. Defendant then came into the hall with a knife in his hand, which Nelson induced him to close and put back in his pocket. Shortly afterwards Diggs disappeared from the room, and defendant soon followed him. Defendant and deceased, about one week before the killing, were at a negro dance, and had some difficulty, although no blows were struck.

On the night of April 12, 1919, when the killing occurred, the evidence tends to show, that defendant was in a bad humor, and during that afternoon and evening made the assertion, that he was "going to kill him a nigger." Defendant denied having made this statement, but he is contradicted in this respect. Soon after defendant and deceased left the hall they engaged in a fight. The evidence is not very clear as to what actually occurred at the time of this fight. One witness described them as jumping around, and said deceased had a stick of some kind in his hand. There was some evidence to the effect that, as soon as defendant appeared outside the hall, Diggs struck appellant with a rock, cut him with a knife on the arm, and assaulted him with a stick. Appellant had no bruises on him, but did have a cut on the arm that was barely through the skin. There was some evidence tending to show that, toward the end of the fight, deceased picked up a club, made from a "2×4," about four feet in length, struck at appellant, but missed him, and the club slipped from his hand. Thereupon appellant picked up the club, used both hands, held it over his head, and brought it down with such force as to crush the skull of deceased. The latter tottered and fell to the ground. The evidence disclosed that the blow administered by defendant killed Diggs. Witnesses were introduced as to the good and bad character of both defendant and deceased.

The Instructions given and refused, as well as other matters deemed of importance, will be considered in the opinion.

Harris & Price, of Columbia, for appellant.

Jesse W. Barrett, Atty, Gen., and Marshall Campbell, Sp. Asst. Atty. Gen., for the State.

RAILEY, C. (after stating the facts as above).

1. The last trial of this cause was based on the information which was before us on the former appeal a is attacked by the motion in arrest of judgment, but no alleged defects...