State v. Hines, WD
| Decision Date | 16 November 1982 |
| Docket Number | No. WD,WD |
| Parties | STATE of Missouri, Respondent, v. Carl HINES, Appellant. 33536. |
| Court | Missouri Court of Appeals |
Richard W. Dahms, Public Defender, St. Joseph, for appellant.
John Ashcroft, Atty. Gen., John Jacobs, Asst. Atty. Gen., Jefferson City, for respondent.
Before SOMERVILLE, C.J., and TURNAGE and MANFORD, JJ.
This is a direct appeal from a jury conviction for robbery, first degree, in violation of § 569.020, RSMo 1978. Judgment was entered in accordance with the jury's verdict and sentence. The judgment is affirmed.
Two points are presented, which charge the trial court erred in (1) denying appellant's motion for acquittal in that the evidence was insufficient to prove the offense charged occurred in Buchanan County or in the State of Missouri, and (2) in denying appellant's pre-trial motion for issuance of a writ of habeas corpus ad testificandum to secure the presence of a witness.
The record reveals that at about 11:15 to 11:30 a.m. on September 20, 1980, appellant entered Sukut's Fine Diamonds store located at 624 Francis Street, St. Joseph, Missouri. Appellant asked to see some diamond rings and asked about a lay-away plan. Appellant produced $100.00 and the paperwork as to a lay-away plan for a ring was started. Appellant then wandered around the store inquiring about watches. He then produced a handgun and announced a "stickup". He threatened to kill the owners of the store and an employee if they did not comply with his demands. One of the owners was struck on the head with the handgun by appellant, causing the victim to fall, which opened a wound on his head. The owners and employee complied with appellant's demands by emptying trays of diamond rings and gold into a wastebasket. Appellant threatened to take all three hostage. With the gun in the back of one of the owners, appellant moved toward the front door. A customer approached at that moment and appellant ran from the store up an alley. The property stolen (valued at $57,856.00) was transferred from the wastebasket to a sack and appellant fled the scene with the sack. Appellant was later arrested, and subject to a warrant, a search was made of appellant's hotel room during the course of which some diamonds and gold were recovered along with the handgun.
Appellant testified on his own behalf. He admitted to prior convictions, that he never worked at a legitimate job more than two or three days at any one time and that he was a crook by profession. Appellant then testified that the owners of the store had contacted him to arrange the robbery for the purpose of collecting on insurance policies. The evidence closed. The jury returned its verdict and sentence. Following the overruling of timely filed after-trial motions, this appeal followed.
Under his first point, appellant contends the trial court erred in denying his motion for acquittal because the evidence did not prove the offense occurred in Buchanan County or in the State of Missouri. This charged error is nothing short of absurd.
The record reveals, from the testimony of one of the store owners, that the robbery occurred at a specific street address in the city of St. Joseph, Missouri. The store was also identified by the testimony of the other owner and an employee thereof as to name. The record is quite clear that the store was located within the city of St. Joseph, Buchanan County, Missouri. This is not a case where the store, and hence the venue of the offense, need be or is permissibly inferable from circumstantial evidence. There was direct testimony of exactly where the offense occurred. (citations omitted) State v. Seaman, 625 S.W.2d 950, 953 (Mo.App.1981). Where testimony by an occupant of a residence broken into revealed he lived "just outside Kimberling City," it was held sufficient to establish that the offense occurred in Missouri. See State v. Fletcher, 598 S.W.2d 523, 525 (Mo.App.1980). Further, as noted by respondent, this court can take judicial notice that St. Joseph, Missouri is not only in Buchanan County, but within the state of Missouri as well. Trautmann v. Hamel, 358 S.W.2d 803, 806 (Mo.1962); Walsh v. Table Rock Asphalt Construction Co., 522 S.W.2d 116 (Mo.App.1975).
There is no merit to appellant's point (1) and it is ruled against him.
Under his final point (2), appellant charges the trial court erred in denying his pre-trial motion for issuance of a writ of habeas corpus ad testificandum to secure the presence of a witness.
The record reveals that the day before trial, appellant, with counsel, appeared before the trial judge. This conference arose...
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