State v. Conley, 49269

Decision Date06 August 1985
Docket NumberNo. 49269,49269
Citation699 S.W.2d 50
PartiesSTATE of Missouri, Plaintiff-Respondent, v. Darwin E. CONLEY, Defendant-Appellant.
CourtMissouri Court of Appeals

Henry Robertson, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., T. Chad Farris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

CRIST, Judge.

Defendant appeals his conviction by a jury of two counts each of rape, kidnapping, and robbery first degree, and one count of sodomy. He was sentenced to consecutive terms of imprisonment adding to a total of three life sentences plus ninety years. We affirm.

On September 9, 1983, the victims met at a lounge in St. Louis County. After several stops, they went to a lounge in East St. Louis to meet the sister of one of the victims. At that lounge, they noticed a blue 1972 Chevrolet with lantern coach lights, occupied by two men. As the lady they were to meet was not present at the lounge the victims stayed only briefly, then left and drove to the house of one of the victims in Jennings.

As they walked to the door of the house, the blue 1972 Chevrolet was driven up. The passenger jumped out, waved an object wrapped in a towel, and ordered them to walk to the car and remove their jewelry. The victims were placed in the backseat of the Chevrolet, and the car was driven to an apartment complex by John Shaw, defendant's companion. When they arrived, defendant got into the backseat with one victim, the other victim was placed in the frontseat with Shaw, and the victims were raped. The victims were then ordered out of the car, and defendant and Shaw drove away.

A man gave the victims a ride to one of their houses, where the police were called. The police reports reflected a robbery in which twelve items were stolen from one of the victims. Descriptions of both assailants were given. Both victims were also taken to the hospital where they were examined and evidence was taken. Later, one of the victims saw a car similar to the one used by defendant, and reported its license number to the police.

As time went by without any apparent appreciable progress on the investigation by the police, one victim, (D.S.) became impatient. She called the police and demanded to know the progress of the investigation. The police invited her to look at some "mug shots." She identified Shaw and defendant, as did the other victim later.

Defendant, in his only Point Relied On, complains of the trial court's refusal to allow him to cross-examine victim D.S. concerning a discrepancy between the police report and an insurance claim she later filed. On the police report, prepared shortly after the kidnapping, robbery and rape, twelve items of jewelry were listed as stolen from D.S. An insurance claim, filed several days later,...

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7 cases
  • State v. Hedrick, WD
    • United States
    • Missouri Court of Appeals
    • September 25, 1990
    ... ... State v ... Conley, 699 S.W.2d 50, 51 (Mo.App.1985); State v. Rose, 339 Mo. 317, 96 S.W.2d 498, 504 (1936). It is one thing, though, to call a halt to over-extended, ... ...
  • State v. Patrick, 53598
    • United States
    • Missouri Court of Appeals
    • July 26, 1988
    ...relevancy grounds. An attempt to discover the interest, bias or motive of a witness is generally proper cross-examination. State v. Conley, 699 S.W.2d 50 (Mo.App.1985) [1, 2]. The question of the relevancy of such information is a determination left to the sound discretion of the trial cour......
  • State v. Hughes, 50185
    • United States
    • Missouri Court of Appeals
    • February 16, 1988
    ...the broad discretion of the trial court and we will only overturn its decision if that discretion has been abused. State v. Conley, 699 S.W.2d 50, 51 (Mo.App.1985). Upon review of the record we find no abuse of Defendant's offer of proof failed to show that any witness at trial would have k......
  • State v. Hyde, 51146
    • United States
    • Missouri Court of Appeals
    • August 4, 1987
    ...of cross-examination is to discover if the witness has any interest, bias, or motive for the testimony to be given. State v. Conley, 699 S.W.2d 50, 51 (Mo.App.1985). The scope and extent of the cross examination is a matter delegated to the sound discretion of the trial court. Id. It is app......
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