State v. Floyd
Decision Date | 13 June 1966 |
Docket Number | No. 2,No. 51689,51689,2 |
Citation | 403 S.W.2d 613 |
Parties | STATE of Missouri, Respondent, v. Norman Cornelius FLOYD, Appellant |
Court | Missouri Supreme Court |
Norman H. Anderson, Atty. Gen., Donald L. Randolph, Asst. Atty. Gen., Jefferson City, for respondent.
No attorney for appellant.
Defendant Norman Cornelius Floyd entered a plea of guilty to a charge of first degree murder in the Circuit Court of the City of St. Louis and was sentenced to imprisonment in the penitentiary for the remainder of his natural life. Sections 559.010 and 559.030 RSMo 1959, V.A.M.S.
On March 16, 1965, defendant filed in the Circuit Court of the City of St. Louis his Motion to Vacate Sentence and Judgment under Supreme Court Rule 27.26, V.A.M.R., and a Motion for Reduction of Punishment. Defendant in his motions asserts that the judgment and sentence of the trial court are unconstitutional and without due process of law in that: (1) The indictment is 'no good'; (2) a confession was taken from him by force and under coercion and was involuntarily made, and (3) the 'punishment assessed as greater than under the circumstances of the case ought to be inflicted.'
The Circuit Court of the City of St. Louis considered the motions on March 23, 1965, and overruled them without an evidentiary hearing. Defendant perfected an appeal to this Court.
In State v. King, Mo.Sup., 380 S.W.2d 370, 373, the applicable law under Rule 27.26, V.A.M.R., is stated as follows:
The indictment charges in part that on the 17th day of June 1962, at the City of St. Louis, defendant 'feloniously, wilfully, premeditatedly, deliberately, on purpose, and of his malice aforethought did make an assault upon one LOUISE LOGAN, and the said NORMAN CORNELIUS FLOYD with his fists, and then and there feloniously, wilfully, premeditatedly, deliberately, on purpose, and of his malice aforethought did strike, hit and beat with great force and violence at and upon the body of the said LOUISE LOGAN thereby feloniously inflicting a mortal wound, from which said Mortal wound LOUISE LOGAN did die on the 28th day of June 1962; * * *.'
The indictment sets out the method and means by which the death of deceased was effected by defendant and contains all the necessary elements to charge murder in the first degree. Section 559.010 RSMo 1959, V.A.M.S.; State v. Finn, Mo.Sup., 243 S.W.2d 67, 70. The crime of murder in the first degree may be committed with the fists. State...
To continue reading
Request your trial-
State v. Thomas
...to be sufficient several times, Clark v. State, 497 S.W.2d 170, 174 (Mo.1973); Patrick v. State, 460 S.W.2d at 698-699; State v. Floyd, 403 S.W.2d 613, 615 (Mo.1966). We find that it sufficiently stated the elements of capital murder under § 565.001 Defendant next engages the Missouri homic......
-
State v. Todd, 53560
...to be civil proceedings; we have so held in State v. King, Mo., 380 S.W.2d 370, cert. denied 379 U.S. 979, 13 L.Ed.2d 569; State v. Floyd, Mo., 403 S.W.2d 613; State v. Gullett, Mo., 411 S.W.2d 227. In Floyd, supra, the Court said loc. cit. 615: 'In State v. King, Mo.Sup., 380 S.W.2d 370, 3......
-
State v. Jenkins
...to charge murder, first degree, in what has been stated as common or conventional form under Section 559.010, supra. State v. Floyd, 403 S.W.2d 613, 615(7) (Mo.1966); 15 Mo.Dig., Homicide § 139. It is well settled that a prosecution for murder, first degree, in perpetration of any of the fe......
-
State ex rel. Callahan v. Collins, WD
...539 (Mo.App.1983); Hurse v. State, 527 S.W.2d 34, 35 (Mo.App.1975); Layton v. State, 500 S.W.2d 267, 269 (Mo.App.1973); State v. Floyd, 403 S.W.2d 613, 615 (Mo.1966).5 Section 195.140.2(2) states in relevant part: "The burden of proof shall be upon claimants of property to rebut this ...