State v. Gaters
| Decision Date | 05 June 1931 |
| Docket Number | No. 30978.,30978. |
| Citation | 39 S.W.2d 548 |
| Parties | STATE v. GATERS. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; H. A. Hamilton, Judge.
Mattie Gaters was convicted of murder in the second degree, and she appeals.
Affirmed.
Stratton Shartel, Atty. Gen., and Edward G. Robison, Asst. Atty. Gen., for the State.
Convicted in the circuit court of the city of St. Louis of murder in the second degree and sentenced to imprisonment in the penitentiary for forty years, the defendant appealed. She was charged with the murder of Henry Fulton June 24, 1929. Appellant has filed no brief in this court, and we have only the motion for a new trial for the assignment of errors.
I. It is contended by appellant that under the circumstances of the case the defendant could not have been guilty of any crime higher than manslaughter; that an instruction authorizing a verdict of murder was not supported by the evidence.
On the night of June 23, 1929, the defendant and Henry Fulton, with other negroes, were at a drinking party at a negro clubhouse in the city of St. Louis. After midnight, about 2 o'clock in the morning of the 24th, Henry Fulton, Mattie Gaters, the defendant, Le Roy Everett and Blanch Everett, his wife, with several others, left the party in Fulton's car. All of the party were deposited at their several homes, except Everett, his wife, Henry Fulton, and Mattie Gaters. Those four arrived at the Everett home, 1609 Linden street, St. Louis, about 3 o'clock; Fulton driving the car. The car was parked across the street from the Everett house, and they all got out and went into the house. Almost immediately Fulton and Mattie Gaters came out, went across the street, and sat in the car. Everett testified that he sat down on his door step to untie his shoe, and presently heard Jim (Fulton) say: "You stuck me in the neck with that knife." Everett went across to the car and he saw Fulton twisting a knife out of the defendant's hands. He took it and handed it to Everett, who said: Fulton got out of the car, crossed the street holding to Everett's arm, went to the door of the house, where he sank down on the ground. He did not speak again, and died soon afterwards. A policeman, Harry Rennekampe, whose beat was near, arrived about that time, and saw Everett running up the street. He intercepted Everett, who said: "Get a doctor." Fulton could not speak, and apparently was dead. The officer, after calling for help, brought the defendant up to where Fulton lay, and she said:
Blanch Everett testified that, when her husband started for the doctor, Mattie went up stairs to powder her face, and witness continued: " Just at that time the policeman arrived and said: "Who did the cutting?" and Mattie said: "I did."
Other witnesses testified how the defendant explained that Fulton hit her and was beating her when she cut him. She said to the police officer that she obtained the knife in the Everett house and identified the knife which he exhibited to her as the one. She said further to the police officer that Fulton got in the car with the intention of taking her home, but changed his mind; they got into a quarrel, he struck her and threatened her with the crank handle of the automobile; that she then struck him with the knife several times.
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