State v. Crockett, No. 28136

CourtMissouri Court of Appeals
Writing for the CourtBefore TURNAGE, P.J., and WELBORN and HIGGINS; ANDREW JACKSON HIGGINS
Citation543 S.W.2d 314
PartiesSTATE of Missouri, Respondent, v. Raymond CROCKETT, a/k/a Ronald Bright, Appellant.
Docket NumberNo. 28136
Decision Date01 November 1976

Page 314

543 S.W.2d 314
STATE of Missouri, Respondent,
v.
Raymond CROCKETT, a/k/a Ronald Bright, Appellant.
No. 28136.
Missouri Court of Appeals, Kansas City District.
Nov. 1, 1976.

Page 316

Kenneth P. Seck, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, P.J., and WELBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from conviction by a jury of robbery, first degree. § 560.120, RSMo 1969. Appellant charges errors going to the adequacy of the information, sufficiency of evidence and verdict-directing instruction, admission of evidence, constitution of the jury, and effective assistance of counsel. Affirmed.

The information charged:

'That at the County of Cass and State of Missouri, on or about the 30th day of

Page 317

August, 1974, one Raymond Crockett did then and there, willfully, unlawfully and feloniously, by means of a certain object resembling a chrome pistol or revolver the same then and there appearing to be a dangerous and deadly weapon, take, steal and carry away United States Currency, to wit: FOUR HUNDRED NINE DOLLARS AND NINETY THREE CENTS ($409.93), the personal property of David Shuetz, then and there in the lawful care and custody of Lewis O. King and David L. Evans, by then and there putting the said Lewis O. King and David L. Evans in fear of an immediate injury to their persons and then and there did feloniously rob, take, steal and carry away the said money from them, in the presence of and against the will of the said Lewis O. King and David L. Evans with the felonious intent to permanently deprive the owner of the use thereof and to convert the same to his own use; * * *.'

On August 30, 1974, Lewis Oliver King was employed by David Shuetz at the Aments Fina Service Station owned by Mr. Shuetz on Missouri Highway 7 in Garden City, Cass County, Missouri. He was working with fellow employee David Evans. Around 10:45 p.m., two black men, defendant Raymond Crockett and a companion (Ronnie Williams), drove into the station in a light blue, late model Maverick and asked for $2.00 worth of gas and an oil check. Defendant had been at the station about a half hour earlier when he was attended by David Evans. Mr. King checked the oil while his friend, Gary Taylor, held the hood which would not otherwise stay open. Mr. Evans was delivering the gas to the Maverick. After the Maverick had been serviced, defendant was at the candy machines inside the station, Williams was in the rest room, and Mr. King, Mr. Evans, and Mr. Taylor were in the station. Williams came from the rest room; defendant pulled out a small-caliber, nickel-plated, automatic pistol and pointed it at Mr. King. 'He told us to give them all the money that we had. * * * I was shocked at first * * * and then I pulled out all the change (about $10.00) that I had in my pocket and laid it on the counter and I opened up a drawer and took out the sales tax box and laid it up on the counter.' Mr. King also had $50.00 in his coverall pocket which he handed over prior to and in fear of a subsequently threatened search. During this time, Williams took $5.00 from Mr. Taylor, and defendant searched Mr. Taylor and Mr. Evans. Defendant took the 'station wallet,' together with its contents, from Mr. Evans. '* * * he told everybody to keep cool and he put Gary's wallet up on the counter and then he started to leave and he seen the money ($50.00) that I tried to put under the (credit card) machine and he come back and got it. Then he said we probably all better come outside the station while they left * * *.' While defendant searched Gary and David, he told Williams to go start the car, which he did. 'They left in as big a hurry as they could.' Mr. King ran back into the station and called the sheriff's office at Harrisonville. He reported the robbery, and described defendant as a black man wearing a brown flowered-type shirt, black pants and a black fishnet-type hat which he identified as State's Exhibit 1, and Williams as a black man wearing a light tan shirt and light blue pants. He also reported that Williams was driving a light blue Maverick northwest on Highway 7 toward its intersection with U.S. Highway 71, eight or nine miles northwest of Garden City.

Prior to the events described by Mr. King, Terri L. Bass had been in the station and had given David Evans a check in exchange for $3.00 in cash.

O. L. Collins, lieutenant in the Cass County sheriff's office, was in an unmarked vehicle with Corporal Gordon of the Missouri State Highway Patrol, engaged in burglary surveillance at a location 'four or five miles south of 7 and 71 and two miles off of 71' when he received a radio message concerning the robbery from his dispatcher. They proceeded north to the junction of 7 and 71 where they observed Detective Hragyil, also in an unmarked vehicle. They advised Detective Hragyil that if he would stay at

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his location they would proceed toward Garden City looking for 'a late model Maverick, light blue in color, occupied by two colored males.' They observed such vehicle and occupants about 300 yards east of Detective Hragyil's position and reported the observation over their radio. They turned around, proceeded to the intersection of 7 and 71, and then proceeded north pursuant to radio transmission by Detective Hragyil. They stopped behind Detective Hragyil who was stopped behind the Maverick. Defendant was occupying the passenger side of the Maverick. Lieutenant Collins looked into the car to tell the driver (Williams) to get out, at which time he observed a red shop towel containing a quantity of change and a $5.00 bill. Both occupants were arrested, the towel and bill were seized, and a search of defendant revealed $389.00 in currency and a $3.00 check, State's Exhibit 2, dated August 30, 1974, drawn on the Garden City Bank by Terri Lee Bass in favor of Aments. State's Exhibit 1, defendant's hat, was removed from his head. Defendant gave his name as Raymond Crockett; he was carrying an application for a Kansas driver's license in his real name, Ronald Bright. The 'station wallet' and robbery weapon were never found.

Detective Joe Hragyil of the Cass County sheriff's office receive word of the robbery by 'radio transmission from our dispatcher that he got a phone call from the filling station attendants in Garden City that they had just been held up.' He was sitting in his vehicle westbound on 7 facing U.S. 71 northbound. He observed the Maverick going toward U.S. 71 after an alert from Lieutenant Collins and Corporal Gordon. He pursued the car northbound on U.S. 71 at speeds of 80 to 85 miles per hour for a mile or mile and a quarter, after which he brought the vehicle to a stop. Defendant was seated on the passenger side of the Maverick wearing a knit hat, Exhibit 1, black trousers, flowered kind of slick material shirt, and high-heeled shoes. He arrested both occupants.

Gary Taylor saw defendant when he came to the station the first time. He was afoot, asked for gas, and David Evans gave him a jug of gas. He saw defendant again when he returned about fifteen minutes later in a late model, light blue Maverick accompanied by Williams. In response to defendant's request, Lewis King checked the oil while he supported the hood and Mr. Evans serviced the car with gas. As he went into the station, he observed a piece of yellow paper covering the rear license plate. Mr. Taylor...

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9 practice notes
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...People v. Gonzales, 40 Ill.2d Page 231 233, 239 N.E.2d 783 (1968); Stinnett v. Commonwealth, 468 S.W.2d 784 (Ky.1971); State v. Crockett, 543 S.W.2d 314 (Mo.App.1976); People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970); State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 In People v......
  • State v. Lumsden, No. 61478
    • United States
    • United States State Supreme Court of Missouri
    • November 14, 1979
    ...a gun was used to create fear in the victim did not provide a ground of error in admission of the gun into evidence. State v. Crockett, 543 S.W.2d 314 Appellant contends the evidence was insufficient to sustain a conviction. He argues that because the robber was shown to have worn a basebal......
  • State v. Preston, No. 10889
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1979
    ...Page 583 566 S.W.2d 510, 514(11) (Mo.App.1978). See also State v. Pittman, 569 S.W.2d 277, 280(4) (Mo.App.1978); State v. Crockett, 543 S.W.2d 314, 321(11) (Mo.App.1976). The burden of showing systematic exclusion is on defendant 7 and it does not shift to the state until defendant makes a ......
  • State v. Pittman, No. 39489
    • United States
    • Court of Appeal of Missouri (US)
    • June 6, 1978
    ...absolutely entitled to have negroes on the jury that tried him, or even on the panel from which that jury was drawn. State v. Crockett, 543 S.W.2d 314 (Mo.App.1976). It is only when a defendant is by Design deprived of the chance of having negroes on the jury that constitutional principles ......
  • Request a trial to view additional results
9 cases
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...People v. Gonzales, 40 Ill.2d Page 231 233, 239 N.E.2d 783 (1968); Stinnett v. Commonwealth, 468 S.W.2d 784 (Ky.1971); State v. Crockett, 543 S.W.2d 314 (Mo.App.1976); People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970); State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 In People v......
  • State v. Lumsden, No. 61478
    • United States
    • United States State Supreme Court of Missouri
    • November 14, 1979
    ...a gun was used to create fear in the victim did not provide a ground of error in admission of the gun into evidence. State v. Crockett, 543 S.W.2d 314 Appellant contends the evidence was insufficient to sustain a conviction. He argues that because the robber was shown to have worn a basebal......
  • State v. Preston, No. 10889
    • United States
    • Court of Appeal of Missouri (US)
    • June 11, 1979
    ...Page 583 566 S.W.2d 510, 514(11) (Mo.App.1978). See also State v. Pittman, 569 S.W.2d 277, 280(4) (Mo.App.1978); State v. Crockett, 543 S.W.2d 314, 321(11) (Mo.App.1976). The burden of showing systematic exclusion is on defendant 7 and it does not shift to the state until defendant makes a ......
  • State v. Pittman, No. 39489
    • United States
    • Court of Appeal of Missouri (US)
    • June 6, 1978
    ...absolutely entitled to have negroes on the jury that tried him, or even on the panel from which that jury was drawn. State v. Crockett, 543 S.W.2d 314 (Mo.App.1976). It is only when a defendant is by Design deprived of the chance of having negroes on the jury that constitutional principles ......
  • Request a trial to view additional results

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