State v. Cariou
| Citation | 266 Mo. 82,180 S.W. 852 |
| Decision Date | 30 November 1915 |
| Docket Number | No. 18951.,18951. |
| Parties | STATE v. CARIOU. |
| Court | United States State Supreme Court of Missouri |
Appeal from Criminal Court, Lafayette County; John A. Rich, Judge.
Mariane Cariou was convicted of murder in the second degree, and appeals. Affirmed.
H. F. Blackwell and Chiles & Chiles, all of Lexington, for appellant. John T. Barker, Atty. Gen., and Thomas J. Higgs, Asst. Atty. Gen., for the State.
Appellant was indicted in Lafayette county for murder in the first degree in having shot and killed one Henri Herve. Upon a trial she was found guilty of murder in the second degree, and sentenced to ten years' imprisonment in the penitentiary. From that judgment, she appeals to this court.
The testimony for the state discloses that the appellant, Mariane Cariou, and the deceased, Henri Herve, lived at Summit Mine, near Lexington. The appellant lived with her husband and sister-in-law, Marie Cariou. The deceased boarded with Leon Peton. Deceased had been keeping company for some time with Marie Cariou. On March 27, 1913, a short time before noon, appellant came to Peton's and asked to see the deceased. Appellant came into the room where deceased and Amos, his roommate, were, and asked the former where Marie Cariou was and if she was in good hands. Deceased said that he had taken her to town, and she was going to Pete Roland's. Appellant then went home. At about 12:30 or 1 o'clock p. m. the appellant came to the Peton home looking for deceased. Amos told her that he was not there. Albert Holm and John Llierberg were at the time passing through the Peton yard. Deceased came out of the cellar of Peton's house and was in front of Llierberg and Holm. Llierberg saw appellant run toward deceased, who was directly in front of Holm, with a revolver in her hand, and he called to Holm to look out. Holm thought that deceased was playing some trick on him, but turned and saw the appellant standing behind him with a revolver and immediately jumped to the side of deceased. Appellant at this time said, "He took my sister-in-law away," and deceased said, "You would not kill me for that." Appellant said, "Yes; I'll kill you." Deceased started to run, and after he had gone four or five steps appellant shot him. He went four or five steps further, fell, and died almost instantly. The shot entered the left side of the back, and came out the right side of the breast. Leon Peton took the revolver away from appellant. There was one empty shell in it and four loaded ones. At the time of the shooting deceased had no weapon, nor was he resisting appellant in any manner.
Shortly before the shooting appellant called Florida Fiora, a neighbor, over, and said she was going to kill that boy, meaning the deceased. The reason she gave for the intended killing was that he was going to take Marie Carson away. Mrs. Fiora told appellant not to kill him, but she answered that it did not make any difference; she would kill him anyway. She had a pistol in her hand at the time. When she went to Peton's she had the pistol under her apron. Just before the killing deceased said not to kill him, that he was not the cause of it, and after he was shot he fell, and said, "I am lost." After the shooting appellant asked for a gun and said she wanted to kill herself. She tried to kill herself with an iron and an empty bottle.
Marie Cariou, 20 years old, and a native of France, testified that she had been in this country about one year. She left the Cariou home on the morning before the killing because she was not satisfied there. She told appellant she was going to Roland's on the evening before; that she intended to go to work for Roland. The deceased met her. that morning and they got into a machine and went to the Gueguen home. Arrangements had been made for her to work at Roland's. Appellant brought her to this country and paid her expenses. A few days before she left her brother's he offered her 610 a month to remain there. She told him she did not want to stay. Deceased had never taken any liberties with her, and quit visiting her on account of appellant's objections. Deceased had nothing to do with persuading her to leave, and she did not leave on his account She was not satisfied because appellant wanted to boss her too much. She would not let her go Gut with deceased or any one else. At one time she started out walking with deceased, and went as far as the main road, and appellant came after her. The night before the shooting she became engaged to deceased. He had asked her several times to marry him, but she would not give him an answer on account of the attitude of appellant.
The appellant went home after the shooting, got her little boy, and started up the road toward town.
The evidence for the defense is substantially as follows:
Appellant testified that in September, 1913, she went to France, and returned in November, bringing her sister-in-law, Marie Carlow, with her. Marie Cariou began to go with deceased, and appellant did not object, until one day she found them locked in a bedroom. When the door was opened Marie was sitting on the edge of the bed, and nerve sat beside her. Appellant told her to come into the other room, and deceased stayed in the bedroom. Marie, in answer to the question as to how it happened, said that she was weak and could not resist him. Deceased came to see Marie after that, but appellant would never leave her alone with him, and would not let her go out with him unless she accompanied them. On the Wednesday before the shooting Marie talked with her about leaving. Appellant told her not to leave, that she would save her honor. She told appellant she was going to work for Pete Roland. She left the house on the morning of the shooting with ter valise. John Draulic came and told appellant that Marie and deceased had gone away in an automobile. Appellant said, "Yes; they may have gone to get married," and Draulic said perhaps they have gone to Roland's. Later Draulic told appellant that deceased had returned without Marie. Then appellant went over and asked deceased where Marie was. He told her it was not her affair; that he had not eaten her, but had taken her to a place to have pleasure with her. After this she became excited and remembered nothing. The next thing she remembered was that she was in jail, and she asked a prisoner why she was in there, and he said it was because she had killed Henri Nerve. Previous to the shooting appellant had been confined in bed for eight days, and had gotten up only on the Tuesday before the shooting. Deceased had given Marie a book which was objectionable to the appellant.
John Draulic testified that appellant told him that deceased was a good boy and sheliked him, but she was mad because Marie left home. The defense introduced testimony that deceased was the agent for a paper entitled "Consciente Geéneération." The appellant objected to Marie reading this paper. The state showed that appellant read it frequently and was a subscriber to it, and the paper had been coming to: her house addressed to her. She denied that she was a subscriber or that she read the paper. Marie Cariou, on rebuttal, denied that she had ever had any improper relations with deceased, or that she ever so stated to appellant, or that appellant had ever found her locked in a room with the deceased.
I. Rulings on Testimony.—Appellant complains of the refusal of the trial court to permit the introduction on the part of the defense of copies of a French periodical and catalogue found among the effects of the deceased ; the first advocating free love and the limiting of population by the prevention. of conception; the second containing a price list of instruments and articles to effect the last-named purpose. It is contended this testimony should have been admitted to corroborate or give credence to appellant's testimony that she believed the deceased had taken Marie away for immoral purposes, and hence the state of her mind at the time of the killing. The reason urged for the admission of this...
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