State v. Edmaiston, 47532
| Decision Date | 28 August 1984 |
| Docket Number | No. 47532,47532 |
| Parties | STATE of Missouri, Respondent, v. Freeman EDMAISTON, Appellant. |
| Court | Missouri Court of Appeals |
Cathy R. Gilbert, St. Louis, for appellant.
John Ashcroft, Atty. Gen., Deborah Neff, Asst. Atty. Gen., Jefferson City, for respondent.
Defendant appeals from a jury conviction of stealing from a person. He was adjudged a prior offender, and received a sentence of imprisonment for five years. We affirm.
At about 10:00 p.m. on November 20, 1982, victim, a Ste. Genevieve taxi driver, took defendant from a restaurant to a bowling alley. Around 11:00 or 11:30 p.m., victim picked up defendant at the bowling alley and took him home. Defendant paid his fare both times. At about 2:15 a.m. that same night, victim was called to another restaurant. It was defendant again who requested to be taken to St. Louis. A fare of $50.00 was agreed upon, and paid by defendant; victim used $20.00 of that $50.00 to buy gasoline. The two engaged in friendly conversation on the trip to St. Louis. Defendant had been drinking, but was able to communicate.
When they arrived in St. Louis, defendant relieved victim of the $30.00 remaining after the purchase of gasoline with the aid of what defendant claimed was a gun. Victim talked defendant out of taking the taxi-cab as well. They drove around for awhile longer, ending up at a truck stop in Pevely, where defendant left the taxi-cab. Victim asked defendant to return some of the money so he could buy gasoline to return to Ste. Genevieve, and defendant gave him $5.00 of the $30.00 he had stolen. Victim purchased some gasoline, returned to Ste. Genevieve, and reported the matter to the Ste. Genevieve police at about 7:30 a.m.
In the meantime, defendant remained at the truck stop for a while, then hitchhiked back to Ste. Genevieve, receiving three rides. The last ride was with a person who worked for the City of Ste. Genevieve, who took defendant to his residence where Ste. Genevieve Police Officer Ricky Woelich, working on the case, had arrived a short time before defendant.
Defendant asserts the trial court erred in refusing to instruct the jury on the defense of voluntary intoxication, using MAI-CR 2d 3.30.1 and 24.02.1. It was uncontroverted that defendant had been drinking that evening, night, and early morning. However, defendant testified he was not intoxicated despite his drinking. Further, he testified in some detail as to his version of the events that occurred on November 20-21, 1982.
Evidence establishing a person had been drinking or even showing he was intoxicated does not require an instruction on voluntary intoxication. Such an instruction is proper only when the evidence indicates the intoxication was so extreme defendant did not know what he was doing. State v. Cole, 662 S.W.2d 297, 301 (Mo.App.1983). Although the evidence herein indicates defendant had been drinking heavily during the evening in question, it does not establish the extreme level of intoxication required. Defendant's testimony he was not intoxicated, and, more importantly, his nearly total recall of what happened that night belie the contention defendant was so drunk he was incapable of forming the intent to commit the crime of stealing from victim. State v. Sherrill, 657 S.W.2d 731, 735 (Mo.App.1983). Defendant did not carry his burden of "injecting the issue" of severe intoxication, as required by § 562.076.2 RSMo 1978, and therefore there was no error in refusing to instruct on that defense.
Defendant complains about the failure to disclose the investigation report of Ste. Genevieve Police Officer Woelich. The crime occurred in St. Louis but was originally reported to and initially investigated by the Ste. Genevieve police. They created an investigative file. This file was not delivered to the prosecutors in St. Louis, and was not disclosed to defe...
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Battle v. Armontrout, 88-2043 C (5).
...proper only when evidence indicates the intoxication was so extreme that the defendant did not know what he was doing. State v. Edmaiston, 679 S.W.2d 360 (Mo.App.1984); State v. Sherrill, 657 S.W.2d 731 (Mo.App.1983). Submission of the issue of intoxication requires evidence of "severe impa......
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Smith v. State, 56459
...defense of intoxication if the evidence indicated his intoxication was so extreme he did not know what he was doing. State v. Edmaiston, 679 S.W.2d 360, 362 (Mo.App.1984); State v. Bienkowski, 624 S.W.2d 107, 108 (Mo.App.1981). The degree of intoxication required to constitute a defense und......
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Anderson v. State
...of intoxication only if the evidence indicated his intoxication was so extreme he did not know what he was doing. State v. Edmaiston, 679 S.W.2d 360,362 (Mo.App.1984); State v. Beinkowski, 624 S.W.2d 107,108 (Mo.App.1981). The degree of intoxication required to constitute a defense under § ......
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Smith v. State, 53901
...of intoxication only if the evidence indicated his intoxication was so extreme he did not know what he was doing. State v. Edmaiston, 679 S.W.2d 360, 362 (Mo.App.1984); State v. Bienkowski, 624 S.W.2d 107, 108 (Mo.App.1981). The degree of intoxication required to constitute a defense under ......