State v. Crump

• Decision Date: 13 February 1967
• Docket Number: Nos. 51668,51669,No. 1,s. 51668,1
• Citation: 412 S.W.2d 490
• Parties: STATE of Missouri, Respondent, v. John CRUMP, Appellant
• Court: Missouri Supreme Court

Page 490

412 S.W.2d 490

STATE of Missouri, Respondent, v. John CRUMP, Appellant.

Nos. 51668, 51669.

Supreme Court of Missouri, Division No. 1.

Feb. 13, 1967.

Motion for Rehearing or to Transfer to Court En Banc Denied

March 13, 1967.

Norman H. Anderson, Atty. Gen., Paul N. Chitwood, Asst. Atty. Gen., Jefferson City, for respondent.

HIGGINS, Commissioner.

Appellant pleaded guilty to two charges of murder in the first degree, Section 559.010, V.A.M.S., and was sentenced by the court to life imprisonment on each charge. He moved thereafter under Criminal Rule 27.26, V.A.M.R., to vacate the judgment and sentence in each case, and his appeals from the orders denying such motions have been combined.

These cases began with the filing of felony complaints in the Magistrate Court of Washington County, Missouri, arising from two homicides on July 18, 1959. The complaints were made by Robert L. Carr, Prosecuting Attorney of Washington County. On July 27, 1959, appellant waived preliminary hearing in both cases and was ordered held for trial in the circuit court.

On August 8, 1959, the prosecuting attorney filed information on his oath in each of the cases. On September 4, 1959, defendant, by attorney of his own selection, David L. Colson, filed Affidavit for Change of Venue and Disqualification of the Judge in each case and, on September 8, 1959, venue in each case was awarded to Jefferson County in the 23rd Judicial Circuit of Missouri.

On November 16, 1959, Honorable Emery W. Allison of the 25th Judicial Circuit assumed jurisdiction of these cases and, on that date and in each case, the defendant appeared in person and by his attorney, David L. Colson. Further record at that time in each case shows: 'And now the defendant being duly arraigned, waives the reading of the information and enters his voluntary plea of guilty to the charge of Murder in the First Degree, the nature of said charge and the range of punishment therefor having been fully explained to the defendant. And the Court states to the defendant that he has voluntarily entered his plea of guilty to the charge of Murder in the First Degree, a felony, and now asks the defendant if he has any legal reason to give why judgment should not be pronounced upon him in accordance with his plea of guilty and the defendant says nothing.' The court thereupon assessed defendant's punishment at life imprisonment and entered sentence and judgment accordingly in each case.

On February 25, 1965, appellant filed his motions to vacate judgment and sentence. The motions are identical except for case number and name of victim. On April 20, 1965, John Anderson, Attorney at Law, Hillsboro, Missouri, was appointed counsel for appellant in respect to these motions.

On July 30, 1965, the foregoing motions came on for hearing at which appellant was represented by Mr. Anderson, and 'upon the pleadings and argument of counsel, the court, in causes entitled State of Missouri versus John Crump, Jefferson County Circuit Court Docket Number 19363 CR and State of Missouri versus John Crump, Docket Number 19364, denies the motion in each cause previously filed by defendant John Crump to vacate judgment and sentence.' Mr. Anderson secured an order granting appellant leave to appeal in forma pauperis, filed notice of appeal and, thereafter, with leave of court, withdrew as counsel.

Appellant says first that his convictions violate his constitutional rights because they were had upon information rather than on indictment of a grand jury as provided by Amendment V, United States Constitution.

The Fifth Amendment does provide, with exceptions not involved here, that no person shall be held to answer for a capital crime unless on a presentment or indictment of a grand jury. Such limitation does not govern these prosecutions, however, because it has no application to state procedure, and Article I, Section 17, Missouri Constitution, V.A.M.S., authorizes criminal prosecution by indictment or information. State v. Waller, Mo., 382 S.W.2d 668, 671(4); State v. Martin, Mo., 395 S.W.2d 97, 99--100(2--4); Hurtado v. People of State of California, 110 U.S. 516, 534, 4 S.Ct. 111, 292, 28 L.Ed. 232.

Appellant's second contention, although making some observations about one Skiles who allegedly got him intoxicated, is that 'the information is a null and void document, insufficient of verifications of an accusation.'

Both informations set out the method and means by which the killings were accomplished and they contain all the essential elements of the offense of murder in the first degree as defined in Section 559.010. The information in Case 19363 states 'that one John Crump at and in the County of Washington and State of Missouri, on or about the 18th day of July, 1959, did then and there willfully, unlawfully and feloniously, after deliberation and premeditation, and of his malice aforethought, strike, kill and murder one Bobbie Lou Shipp, with a certain Stevens 12 gauge shotgun, serial #95803, which he, the said John Crump, then and there held in his hands and struck against and upon the head of the said Bobbie Lou Shipp, by which means fatal wounds were thereby feloniously and with deliberation, premeditation and malice aforethought inflicted upon the said Bobbie Lou Shipp; contrary, etc., * * *.' The information in Case 19364 is in the same form and contains the same allegations except to charge that John Crump did ...