State v. Goodman
| Decision Date | 16 July 1973 |
| Docket Number | No. 2,No. 57147,57147,2 |
| Citation | 496 S.W.2d 850 |
| Parties | STATE of Missouri, Respondent, v. Lloyd W. GOODMAN, Appellant |
| Court | Missouri Supreme Court |
John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.
Marvin L. Smith, Lay, Ichord & Smith, Houston, for appellant.
HOUSER, Commissioner.
Lloyd W. Goodman, convicted by a jury of assault with intent to do great bodily harm with malice aforethought, § 559.180, RSMo 1969, V.A.M.S., and sentenced to 5 years' imprisonment, has appealed. The notice of appeal was filed prior to January 1, 1972.
Appellant claims that the State failed to prove beyond a reasonable doubt, with sufficient credible evidence, that appellant 'performed the acts of assault with malice aforethought.' There was evidence from which the jury could find these facts: Appellant Goodman, his mother (Mrs. Lita Goodman) and Leslie Earl Lowther were in the living room of the Lowther home. Lowther was showing Mrs. Goodman some white porcelain china ceramics he had made. Mrs. Goodman had a ceramic plaque in her hands. There was another ceramic piece nearby. Appellant tried to snatch the ceramic piece from the hands of his mother, indicating that he wanted to break it. When she withheld it from appellant he picked up the other ceramic piece and 'smashed it down' with force, breaking it. Lowther told appellant to leave, whereupon appellant lowered his head, made a rush at Lowther, rammed him in the stomach and shoved him back and forth against the furniture. Lowther weighed 155 pounds. Appellant was a construction worker. Both men were in their thirties. Lowther fell over the furniture. Appellant grabbed a 32-ounce champagne bottle sitting in the room and struck Lowther two or three times in the face with the bottle. Lowther tried to get up. Appellant went in the kitchen, where he went through the drawers, 'loudly and frantically' threatening to kill Lowther. Lowther ran out of the house into the yard. It was midnight. No one 'was up.' Lowther yelled 'Help' as loud as he could, trying to rouse someone, then ran across the street to the Stephens residence and pounded on the door. Mr. Stephens came to the door. Lowther asked him to call the police, then stepped off the porch into the grass. Appellant appeared at the edge of the road, swore at Lowther, threatened him, told him to act like a man, 'like him,' and 'get out here and fight.' Lowther refused, whereupon appellant came in the yard, struck Lowther twice and knocked him unconscious. Lowther lost considerable blood and sustained a fractured nose. He had 'a lot of bruises' about the head and face; lacerations over both eyes, which were bruised and black; small blood vessels burst in both eyes; lacerations of the chin and cheek, requiring suturing at the hospital; two teeth knocked out and a punctured lower lip. He testified that his whole head was swelled; that it felt like his 'upper mouth' was loose; that he could not chew anything; that he was on a liquid diet for a month.
There was no failure of proof, as claimed. The verdict was amply supported by evidence of an intentional, violent and brutal assault of an aggravated nature by striking Lowther in the face and head with a deadly weapon 1 and by employing other means or force likely to produce death or bodily harm, with malice aforethought, that is, by the intentional doing of an unlawful act determined upon before it was executed. State v. Spradlin, 363 Mo. 940, 254 S.W.2d 660 (1953); State v. Lane, 371 S.W.2d 261 (Mo.1963). 'In determining the intent with which defendant acted the jury could take into consideration the nature of the weapon used, the manner of using it, the results of its use, and all of the related circumstances.' State v. Kopf, 481 S.W.2d 7, 9 (Mo.1972).
Appellant makes the further point that the court erred in failing to give an instruction offered by appellant on the lesser offense of felonious assault without malice aforethought, under § 559.190 RSMo 1969, V.A.M.S. Appellant's evidence was that appellant broke the ceramic accidentally, following which Lowther immediately sprang up and approached appellant, who was sitting in a chair, twice grabbed appellant by the throat and choked him, threw appellant to the floor and landed...
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State v. Tate, 43738
...of intent to kill. State v. Hammonds, 459 S.W.2d 365 (Mo.1970) (1-4). The tree limb, as used here, was a deadly weapon. State v. Goodman, 496 S.W.2d 850 (Mo.1973) (2). The victim was struck with multiple blows, one or more of which caused her death, and was left to die. There was adequate e......
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State v. Gordon
...(1977).8 See Grass v. People, 172 Colo. 223, 471 P.2d 602 (1970).9 See Thomas v. State, 524 P.2d 664 (Alaska 1974).10 See State v. Goodman, 496 S.W.2d 850 (Mo.1973). ...
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State v. Hatten, KCD
...In determining whether the necessary element of intent exists the jury may consider all of the related circumstances. State v. Goodman, 496 S.W.2d 850, 852(1) (Mo.1973); State v. Kopf, 481 S.W.2d 7, 9(1, 2) Some forethought is implicit where bank robbers are fleeing and fire at pursuing off......
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State v. Makenson, 13464
...was submitted to the jury. The circumstances and the very nature of the tire tool and its use justified that submission. State v. Goodman, 496 S.W.2d 850 (Mo.1973); State v. Davis, 611 S.W.2d 384 (Mo.App.1981); State v. Murphy, 610 S.W.2d 382 (Mo.App.1980). The defendant's last point is den......