State v. Johnson, 48341
| Decision Date | 12 June 1961 |
| Docket Number | No. 48341,No. 1,48341,1 |
| Citation | 347 S.W.2d 220 |
| Parties | STATE of Missouri, Respondent, v. John Edward JOHNSON, Appellant |
| Court | Missouri Supreme Court |
William H. Costello, John C. Pohlmann, Kansas City, for appellant.
Thomas F. Eagleton, Atty. Gen., James C. Bullard, Sp. Asst. Atty. Gen., for respondent.
COIL, Commissioner.
A jury found John Edward Johnson guilty of robbery in the first degree and the trial court, having found that defendant theretofore had been convicted of a felony as charged under the Habitual Criminal Act, Section 556.280 RSMo 1949, V.A.M.S., sentenced him to 25 years in the state penitentiary. The amended information charged that Johnson had robbed Don Knight. Johnson has appealed and inasmuch as he has filed no brief, we shall examine the seven assignments of error contained in his motion for new trial.
Assignment 6 charges that the trial court erred in overruling defendant's motion for judgment of acquittal. A review of the evidence shows that the jury reasonably could have found the facts as they are here stated. During the night of January 9 and the early morning of January 10, 1960, seven men, including Donald Knight, were playing poker in the basement of John Gladson's home. Mrs. Gladson had retired in a first floor bedroom. About four in the morning of the 10th, defendant and three others entered the Gladson home. Defendant first went to Mrs. Gladson's bedroom, awakened her, tied her with a telephone cord, and took her ring. In the meantime, the three other men entered the basement. Their faces were partially covered by red and white bandanas. One carried a shotgun and each of the others carried a pistol. The three took money and other property from the participants in the poker game, made each remove his trousers, and tied all of them, except Gladson, with a clothesline. They took Don Knight's billfold, his watch valued at $100, and $250 in currency, including a 'lucky dollar bill.' Defendant appeared in the basement, displayed some automobile keys, and asked whose they were. The keys in fact belonged to Ray Roberts, one of the poker players. The four robbers departed in Roberts' Oldsmobile. Shortly thereafter, the Oldsmobile, as well as a 1959 black Chevrolet which defendant had borrowed the day before from his brother-in-law, were found abandoned in a field in the general vicinity of the Gladson home. In and around the Oldsmobile were found a shotgun similar to the one in the possession of one of the robbers at the time of the holdup and certain clothing similar to that worn by the robbers, including a red and white bandana. Knight's billfold was found in the vicinity of the area where Johnson was arrested. Defendant was apprehended about 9:20 a. m. on the 10th and had in his possession $270.55 in currency, including Knight's 'lucky' bill. The three other robbers also were apprehended on the morning of the 10th and the evidence showed the circumstances of their arrests and the money and other articles found in their possession at the time. All four, including defendant, were identified as the perpetrators of the robbery.
The foregoing brief resume of the evidence serves to demonstrate that there was an abundance of testimony from which a jury reasonably could have found defendant guilty of first degree robbery as charged. It was not necessary that the state adduce evidence tending to prove that defendant personally committed all the acts which constituted the essential elements of the crime charged, i. e., that defendant robbed Knight; it was sufficient that the evidence tended to prove that defendant was actually or constructively present for the purpose of aiding in the commission of the robbery of Knight. State v. Chernick, Mo., 278 S.W.2d 741, 746; State v. Butler, Mo., 310 S.W.2d 952, 957[7-9]. And one who aids in the commission of a crime is guilty as a principal irrespective of whether the evidence tended to show also a conspiracy. State v. Slade, Mo., 338 S.W.2d 802, 805.
Defendant's new trial assignment 1 is that the trial court erred in admitting evidence of 'other robberies occurring at the same time and place as the instant case.' As we have indicated in the statement above, the evidence tended to show that defendant and his three companions were guilty not only of having robbed Don Knight but were guilty as well of having robbed Mrs. Gladson and some or all of the other six poker players. At the outset counsel for defendant pointed out to the court the fact of the pendency of five other informations jointly charging defendant and certain ones of his companions with having robbed five of the other poker players and he objected to the introduction of any evidence in the present case against defendant which would tend to show Johnson's guilt under the other informations. That objection was overruled and it was agreed that defendant's counsel did not need to repeat it during the course of the trial. As indicated, however, the new trial assignment is confined to the general allegation that the trial court erred in admitting evidence 'showing other robberies occurring at the same time and place.' Thus we are not now concerned with the admission of specific portions of the evidence which might have been objectionable; we need rule only the general question whether evidence tending to prove defendant and his three companions guilty of robbing Mrs. Gladson and the poker players other than Don Knight was admissible.
It is well established as a general rule that evidence of crimes other than that for which a defendant is on trial is not admissible. There are many exceptions. One, obviously applicable to the present facts, is that such evidence, of course, is admissible where it tends directly to establish the charge for which a defendant is on trial. State v. Fisher, Mo., 302 S.W.2d 902, 905. As heretofore indicated, to prove that defendant robbed Knight, the state was entitled to adduce evidence tending to show that defendant was present for the purpose of aiding in the commission of the crime of robbery as to Don Knight....
To continue reading
Request your trial
-
State v. White, 62324
...to bring about." State v. Goodman, 482 S.W.2d 490, 492 (Mo. 1972); State v. Garton, 371 S.W.2d 283, 289 (Mo. 1963); State v. Johnson, 347 S.W.2d 220, 222 (Mo. 1961); State v. Thomas, 595 S.W.2d 325, 328 (Mo.App. 1980); State v. Collins, 520 S.W.2d 155, 157 (Mo.App. 1975). Cf. State v. Lute,......
-
State v. Donnell
...a case involving a similar situation held that the trial court did not err in refusing to declare a mistrial. Appellant cites State v. Johnson, Mo., 347 S.W.2d 220, and State v. Dees, Mo., 276 S.W.2d 201, for the rule that proof of separate and distinct crimes is not admissible but recogniz......
-
State v. Lute
...S.W.2d 946, 948 (Mo.1970); State v. Lee, 404 S.W.2d 740, 747 (Mo.1966); State v. Ramsey, 368 S.W.2d 413, 416 (Mo.1963); State v. Johnson, 347 S.W.2d 220, 222 (Mo.1961); State v. Slade, 338 S.W.2d 802, 805 (Mo.1960); State v. Herman, 280 S.W.2d 44, 46 (Mo.1955); State v. Keever, 569 S.W.2d 4......
-
State v. Ward, 54480
...613, 178 S.W. 58, 64; State v. Allen (Mo.Sup.) 246 S.W. 946, 947; State v. Bell, banc, 359 Mo. 785, 223 S.W.2d 469, 471; State v. Johnson (Mo.Sup.) 347 S.W.2d 220, 222. All of the substantially simultaneous acts become part of the res gestae, State v. Adams (Mo.Sup.) 380 S.W.2d 362, The evi......