State v. Haun

• Decision Date: 08 June 1959
• Docket Number: No. 1,No. 47040,47040,1
• Citation: 324 S.W.2d 679
• Parties: STATE of Missouri, Respondent, v. Kenneth HAUN, Appellant
• Court: Missouri Supreme Court

Page 679

324 S.W.2d 679

STATE of Missouri, Respondent, v. Kenneth HAUN, Appellant.

No. 47040.

Supreme Court of Missouri, Division No. 1.

June 8, 1959.

James J. Wheeler, Keytesville, for appellant.

John M. Dalton, Atty. Gen., Hugh P. Williamson, Assist. Atty. Gen., for respondent.

COIL, Commissioner.

Kenneth Haun was convicted of the rape of a female child under the age of 16 and sentenced to two years in the penitentiary. RSMo 1949 Sec. 559.260, V.A.M.S. He here contends that the trial court erred in overruling his motion for judgment of acquittal at the close of all the evidence, in permitting the state to reopen its case, in the admission of evidence, and in the giving of an instruction.

Defendant's two points to support his contention that the state failed to make a submissible case are (1) that there was insufficient evidence to establish the corpus delicti and that, therefore, defendant's written confession was inadmissible and that without it the evidence was insufficient to support a conviction; and (2) that the state failed to prove venue.

Defendant, who had been married to and later divorced from the sister of prosecutrix, met her family, consisting of the mother, father, two sons, and two daughters including the 10-year-old prosecutrix, in Marceline on Saturday evening, October 5, 1957. By arrangement with the mother, defendant drove some of her family to their farm home. After reaching the home, defendant gave each of prosecutrix's brothers and her sister a driving lesson, permitting each to drive his car about the neighborhood. Defendant had been drinking beer or other intoxicants all of that day and continued to imbibe during the time of the events herein described. When, about 8:30, it became the 'turn' of prosecutrix to have a lesson, defendant left the family home with prosecutrix on his lap. They returned about 10:15. The mother thought her daughter 'acted kinda funny.' Prosecutrix refused to answer questions other than to say that defendant had not hurt her. She jumped into bed and covered her head and answered that nothing was the matter. The next morning the mother again attempted to question her and attempted to look at her clothing, but again prosecutrix refused to answer questions and refused to permit her clothing to be examined. On Monday morning the 15-year-old sister observed that the panties prosecutrix was wearing had 'blood all over them.' The mother took prosecutrix to town where she was examined by two doctors.

One of the doctors testified that prosecutrix had been 'injured along the lower part of the vagina' and was then bleeding; that there was one small tear 'at the outside,' and that the lower portion of the hymen was torn; that the injuries described could have been 'done with anything that would dialate the lower portion of--Q. What type of a thing? A. Anything in the shape of a penis. Q. Would an ice pick cause such an injury? A. It would have to be blunt.'

Prosecutrix did not testify, although a preliminary examination was conducted and the court overruled an objection to her competency as a witness. Nevertheless, it was apparent that she was not too bright.

Defendant testified to the events as heretofore related up to the time he left with prosecutrix on his lap. His testimony from that point was that he took prosecutrix for a short ride and returned her to the family home without having molested her in any way. He admitted that he had made and signed a written statement on October 29, 1957, in which he had said, inter alia, that after he left with prosecutrix on his lap he drove down a dirt road, stopped, and had sexual intercourse with her; that he then returned her to the home after admonishing her not to tell her parents. Defendant explained at the trial that he had signed the confession because he had been in jail for 35 days, didn't 'figure I would get out' and he was 'scared'; that the sheriff and his deputy said they would help him if he told the truth or if he would sign the statement.

'It is established law in Missouri that when the corpus delicti has not been sufficiently proven, an uncorroborated extrajudicial confession of guilt cannot be regarded as evidence tending to show guilt. * * * Yet this rule does not require full proof of the body of the offense, independent of the confession. If there is evidence of corroborating circumstances independent of the confession, which tends to prove the offense by confirming matters related in the confession, both the corroborating circumstances and the confession may be considered in determining whether or not the corpus delicti has been established.' City of St. Louis v. Watters, Mo.App., 289 S.W.2d 444, 446[2-4]. State v. McCord, 237 Mo. 242, 246, 140 S.W. 885, 886[3-5]; State v. McQuinn, Mo., 235 S.W.2d 396[1-3], 397[4, 5]; State v. Kollenborn, Mo., 304 S.W.2d 855, 858[3-6]. In the instant case there was evidence of corroborating facts and circumstances independent of the confession which tended to prove the offense by confirming some of defendant's statements contained in the confession, e.g., the fact that prosecutrix was alone in defendant's car and seated on his lap as they drove away from the family home; that upon her return prosecutrix acted in a manner which caused her mother to be suspicious that something was wrong; that later examination showed blood on her undergarment and medical examination disclosed an injury to the vagina which was still bleeding and that the hymen had been ruptured. It was for the jury to say whether those facts, considered together with the confession, and taking into account defendant's denial at the trial and his stated reasons for having made and signed the confession, convinced them beyond a reasonable doubt of defendant's guilt. State v. Cantrell, 320 Mo. 248, 6 S.W.2d 839, 841[3-4].

No one testified in so many words that the alleged rape occurred in Chariton County. That venue was in Chariton County was sufficiently proved, however, if the jury reasonably could have found from facts and circumstances in evidence that the alleged crime occurred in that county. State v. Kenyon, 343 Mo. 1168, 126 S.W.2d 245, 254[20-23].

The evidence showed that the home of prosecutrix was in Chariton County, located three miles south of the south edge of Marceline and one and one-half miles west of that point and that the north line of Chariton County was at the south edge of Marceline. We take judicial notice of the fact that a location three miles south of the north line of Chariton County and one and one-half miles west of that point is at least three miles from any other county. Defendant's testimony as to where he drove his automobile after he left with prosecutrix on his lap is not entirely clear. He said, as best we may understand, that he drove a mile west on the east-west road in front of prosecutrix's home, turned around and went east, apparently about one-fourth mile past the house, then turned north for not more than one-half mile and then 'back south around' to the same east-west road. While, as we have said, the evidence was not too clear as to defendant's route, we think all the evidence was sufficient to support a...