State v. Casey
| Decision Date | 09 December 1922 |
| Docket Number | No. 23805.,23805. |
| Citation | 247 S.W. 114 |
| Parties | STATE v. CASEY. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Franklin County; R. A. Breuer, Judge.
Walter Casey was convicted of burglary in the second degree, and he appeals. Reversed and remanded.
Harry F. Russell, of St. Louis, and D. W. Breid, of Union, for appellant.
Jesse W. Barrett, Atty. Gen., and Henry Davis, Asst. Atty. Gen., for the State.
Statement.
An information was filed in the circuit court of Franklin county, Mo., on February 10, 1921, in which appellant was jointly charged, with four other persons, in one count, with burglary in the second degree and grand larceny, under sections 3298 and 3312, R. S. 1919, in that, on the 8th day of February, 1921, in the village of St. Clair, in the county of Franklin and state of Missouri, they did break into and enter the bank building of the Farmers' & Merchants' Bank, a corporation, with the intent unlawfully, feloniously, and burglariously to steal, take, and carry away the moneys, etc., there deposited, and that they did feloniously and burglariously steal, take, and carry away therefrom $32.30, the money of said corporation.
Appellant was arraigned, entered his plea of not guilty, and was separately tried in Franklin county aforesaid, before a jury, on the 3d and 4th days of August, 1921. The following verdict was returned in the case:
The evidence in this case tends to show that on the night of February 7, or in the early morning of February 8, 1921, the Farmers' & Merchants' Bank building at St. Clair, in Franklin county, Mo., was burglarized, and bonds, stamps, moneys, and other articles, of the value of several thousand dollars, stolen therefrom. A farmer coming into St. Clair on the morning of the 8th, at about 4:45, met a large red touring automobile, traveling from St. Clair going towards St. Louis, at a point about one mile east of St. Clair. Four or five miles east of Union, and towards St. Louis, the sheriff and a posse of men found a large red touring model automobile on the road, with a hind wheel so broken as to render locomotion impossible. On that morning a farmer found five safety deposit boxes belonging to the burglarized bank at about three-quarters of a mile from St. Clair. A blacksmith, living near the point where the automobile was found, and his daughter, saw five men walking eastwardly on the same road at 6 o'clock of that morning; one of the men was carrying a sack, another a shotgun. About 8 or 9 o'clock of that morning the blacksmith, going to Union, came to the broken-down automobile. Near it he saw several of the safety deposit boxes belonging to the bank in a battered and demolished condition. He also found a punch, a chisel and a hammer, which had been stolen from his blacksmith shop during the preceding night.
A west-bound traveler, in a Ford automobile, met five men walking eastwardly four or five miles west of Gray's Summit—three being "a little piece" in front of the other two. One of the first three carried a goodly sized burlap sack and one of the men in the rear a shotgun. The man, walking with the one who carried a shotgun wore a khaki or dull-colored short overcoat which had a large sheep felt collar. Appellant wearing the same coat with the sheep collar, and one Walsh, or Whalen, a co-defendant, stopped at the home of a farmer by the name of Katzung, one-half of a mile southeast of Villa Ridge at about 8:15 a. m.
The sheriff and a posse of men set out in pursuit of the burglars, early on the morning of the 8th, and traveled eastwardly on the St. Louis road. They saw footprints of several men traveling in the same direction ahead of them. The inhabitants along the route told them of five men on foot having preceded them. Near Pacific, appellant and Walsh, or Whalen, were arrested by a posse that had started westwardly from Pacific to intercept them. Walsh, or Whalen, carried a shotgun and appellant carried a loaded, concealed pistol. At that time he was still wearing the coat described by witnesses who had seen him on the route earlier. Appellant and his codefendant Walsh were lodged in the calaboose at Pacific, and the sheriff and his posse, having been told that three men had gone towards the Meramac river, started in that direction, and they found fresh footprints along the route. Between 1 and 2 o'clock in the afternoon they came to within eyeshot of a clubhouse on that river, and three men entered the clubhouse; one of them carrying a bag of some kind. Shortly thereafter the sheriff and his posse reached the clubhouse and called to the occupants to come out. At that instant, an explosion occurred in the house. Three men came out. Their trousers were wet and muddy from the knees down. The fourth man remained in the house, and was badly wounded from the effects of the explosion. Three pairs of shoes were found in the house, which were very wet, and several coats and overcoats were also found, wet and muddy. A burlap bag was found in the clubhouse, containing several thousand dollars' worth of bonds, stamps, jewelry, and money, which was identified as either the property of the bank or of its depositors. Thirty-two dollars and thirty cents in money was missing from the bank, and that amount was found in the bag. Some jewelry belonging to the bank was found in a vest pocket. The vest was found in the building. Some rare gold coins, and nuggets, belonging to a depositor were taken from the bag.
Two of the men arrested at the clubhouse had driven a large red Stutz automobile to a repair man in Pacific for repairs on the day before the burglary, stating it was urgent to have the repairs made by 6 o'clock of that afternoon, as they desired to reach St. Louis. That automobile had its crank bent back against the radiator in such a manner...
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