State v. Haislip, 51724
| Decision Date | 13 February 1967 |
| Docket Number | No. 1,No. 51724,51724,1 |
| Citation | 411 S.W.2d 81 |
| Parties | STATE of Missouri, Respondent, v. Arthur Lee HAISLIP, Appellant |
| Court | Missouri Supreme Court |
Norman H. Anderson, Atty. Gen., Jefferson City, Edward L. Downs, Sp. Asst. Atty. Gen., Cape Girardeau, Mo., for respondent.
Hugh C. Roberts, Jr., St. Louis, for appellant.
Defendant was charged with the offense of robbery in the first degree by means of a dangerous and deadly weapon. See §§ 560.120 and 560.135 (). The information also charged two prior felony convictions under the provisions of § 556.280. In accordance with the provisions of S.Ct. Rule 26.01(b), V.A.M.R., defendant waived a jury and the trial was had before the court. The court found defendant guilty and his punishment was fixed at imprisonment in the penitentiary for a term of five years. He has appealed from the judgment.
The weapon defendant was charged with using in the robbery was a table leg. Upon this appeal the sole point relied on by defendant is stated in the brief as follows:
Defendant was charged with having taken $57.80 from Milton Lasley, the money of Lasley's employer, Walter J. Cantrell. The evidence in the case was not extensive and we have concluded that a brief statement of facts will suffice. Lasley testified that he was working nights at the Can-Sun Service Station which was owned by Mr. Cantrell; that he had known defendant as a customer of the station for about two months; that about one o'clock a.m. on December 30, 1964, defendant drove his car into the station and purchased gas; that he also put some hub caps on the car and defendant then left the station; that about 3 a.m., he was in the back room of the station putting away some empty soda bottles when he was 'bashed' on the head; that when he regained consciousness a voice (later identified as that of defendant) said, 'Don't move or I'll shoot you.' 'He marched me over to the desk' and 'told me not to look at him but to hand over the money'; that he did look at his assailant and saw that it was defendant, and then gave him all of the money he had on him, including the 'changer'; that defendant still had the club in one hand and He stated that defendant then left the station after telling him not to watch where he went or to follow him.
Mr. Lasley further testified that at that time he was still 'dazed' from the blow on his head; that he staggered out to look for a policeman and fell on the sidewalk where he was later found by a young man who gave him assistance; that he gave the police information concerning the robbery and was then taken to the hospital for treatment of the head wound and remained there for three or four days.
Defendant was arrested on December 31 and was later identified by Lasley in a lineup at the police station. He was also identified at the trial as the person who struck Lasley with the table leg and took from him the money heretofore mentioned. Lasley also testified...
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State v. Hatfield
...only meritorious question upon this appeal and review is whether 'there was substantial evidence to support the finding.' State v. Haislip, Mo., 411 S.W.2d 81, 83; State v. Clark, Mo., 438 S.W.2d 277, 279--280. Thus cases involving abstractions relating to 'cool blood' and the presence or a......
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State v. Speed
...of guilty had been returned by a jury, and if there is substantial evidence to support the finding, it should be affirmed. State v. Haislip, Mo., 411 S.W.2d 81, 83.' State v. Clark, Mo.Sup., 438 S.W.2d 277, 279--280. We believe there is substantial evidence to support the The judgment is af......
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State v. Lane, 56138
... ... State v. Clark, Mo., 438 S.W.2d 277, 279--280(5, 6); State v. Haislip, Mo., 411 S.W.2d 81, 83(1, 2); Rule 26.01(b) ... There is substantial evidence from which the trial judge, as trier of the facts, ... ...
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State v. Dixon
...of a verdict of a jury, and review shall be in the same manner as though a verdict of guilty had been returned by a jury. State v. Haislip, 411 S.W.2d 81 (Mo.1967). See State v. Simmons, 494 S.W.2d 302, 303(2) (Mo.1973), holding that the weight of the evidence in either a court or a jury tr......