State v. Evans
Decision Date | 10 March 1969 |
Docket Number | No. 52798,No. 1,52798,1 |
Citation | 439 S.W.2d 170 |
Parties | STATE of Missouri, Respondent, v. R. D. EVANS, Appellant |
Court | Missouri Supreme Court |
Norman H. Anderson, Atty. Gen., Jefferson City, Harry J. Mitchell, Spec. Asst. Atty. Gen., Palmyra, for respondent.
Wilson Gray, St. Louis, for appellant.
Defendant was convicted of first degree murder and sentenced to life imprisonment. He appeals on the ground that the trial court erroneously admitted into evidence his confession, given at a time when he was without counsel and when he says he was not properly warned of his rights as to counsel.
Early Sunday morning, May 15, 1966, a house burned in St. Louis killing defendant's young child. The state's case was that defendant threw a can of gasoline into the house through a window and then ignited the gasoline by throwing in burning paper. The motive seems to have been to cause injury to defendant's 'common law' wife, who he thought was asleep in the house, but who was elsewhere. The owner of the house, Charles Morgan, told Patrolman Meyers that defendant started the fire and gave him a description. Meyers started to look for defendant and saw him get out of a taxicab and walk toward the fire. Meyers stopped him, got his name and address, noticed 'he had the odor of gasoline all over his hands' and took him to the scene, where defendant identified the child. Then defendant, Meyers, and another police officer entered a police cruiser and drove to the hospital, where a doctor pronounced the child dead. The other policeman then took the body to the morgue and Meyers took defendant with him into the emergency room at the hospital while waiting for another cruiser. Meyers testified as follows:
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