State v. Jackson
Decision Date | 08 March 1971 |
Docket Number | No. 55971,55971 |
Citation | 463 S.W.2d 857 |
Parties | STATE of Missouri, Respondent, v. Joseph JACKSON, Jr., Appellant. |
Court | Missouri Supreme Court |
John C. Danforth, Atty. Gen., Dale L. Rollings, Asst. Atty. Gen., Jefferson City, for respondent.
Robert C. Babione, St. Louis, for appellant Public Defender Bureau, City of St. Louis.
Appellant, Joseph Jackson, Jr., was convicted of murder in the first degree under V.A.M.S. § 559.010, by a jury in the Circuit Court of the City of St. Louis, Missouri, and his punishment was assessed at death. He appealed to this Court.
Section 559.010 RSMo 1969, V.A.M.S., reads as follows:
'Every murder which shall be committed by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing, and every homicide which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, burglary or mayhem, shall be deemed murder in the first degree.'
This case was tried and submitted against appellant on the basis that the homicide was committed in the perpetration of arson. This conclusion is inescapable in view of Instruction No. 3, given by the Court, and which reads as follows:
'The word 'arson', as used in this instruction, means the willful and malicious setting fire to or burning of a dwelling house of another.'
The indictment charged, in part: 'That JOSEPH JACKSON, Jr. on the 10th day of May, one thousand nine hundred and sixty-eight, at the City of St. Louis aforesaid, did unlawfully, wilfully, feloniously and maliciously set fire to and burn a certain dwelling house of WILLIAM REEDER then and there before, at and during said burning being in the said dwelling house, that he, the said JOSEPH JACKSON, Jr., in so wilfully, feloniously and maliciously setting fire to and burning the said dwelling house as aforesaid, then and there feloniously, wilfully, deliberately, premeditately and of his malice aforethought, did mortally burn the body of the said WILLIAM REEDER by means of which said mortal burning of the body of the said WILLIAM REEDER, the said WILLIAM REEDER on the 10th day of July, 1968, at the City of St. Louis did die; * * *.'
On May 10, 1968, a fire occurred in a dwelling house in the City of St. Louis. A fireman found in the house on William Reeder, who was severely burned. It is uncontroverted that Reeder died as a result of burns.
The St. Louis Police Department's Bomb and Arson squad investigated, and at first concluded, on the basis of information that the deceased was a wino and a smoker, that no criminal agency was involved.
Thereafter, on or about August 17, 1968, appellant was arrested and interrogated by Detective James Watts.
The evidence introduced by the State in its attempt to convict appellant as charged is as follows:
On cross-examination, Detective Watts testified, in part, as follows:
'Q You indicated in your testifying about what Jackson told you that Evans went to the back room and set the fire, is that correct?
'A Yes, sir.
'Q Did Jackson say he actually saw Evans set the fire or how did he know Evans did set the fire?
'A He said Evans went back in the rear room and set a fire.
'Q And did Jackson tell you he did anything at that time?
'A I don't understand what you mean.
'Q What did Jackson say he did?
'Q Did he do anything besides wait out in the hall?
'A He denied starting it, any fire.
'Q Did he say he did anything other than wait out in the hall?
'A No, sir.
'Q He didn't tell you that he tried to talk Willie Evans out of starting the fire?
'Q And the incident about the fire occurred after they had been in the house some time?
'A Yes.
'Q And Evans set the fire?
'A Yes, sir.
'Q At that time Jackson tried to talk him out of it?
'A Yes.
'Q He...
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Jackson v. State
...assessed his punishment at death. The judgment entered thereon, was reversed by this court, for reasons not now relevant, in State v. Jackson, 463 S.W.2d 857 (Mo. banc 1971). Thereafter, on November 8, 1971, appellant entered a plea of guilty to a charge of felony murder and was sentenced t......
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State v. Wilkerson
...stereo equipment for fear of detection, indicating that he was exercising some authority in the enterprise. Appellant relies on State v. Jackson, 463 S.W.2d 857 (Mo. banc 1971) which is readily distinguishable because in Jackson the State relied solely upon a statement made by the defendant......