State v. Jonas, No. 43475

CourtUnited States State Supreme Court of Missouri
Writing for the CourtHOLLINGSWORTH
Citation260 S.W.2d 3
Decision Date13 July 1953
Docket NumberNo. 1,No. 43475
PartiesSTATE v. JONAS

Page 3

260 S.W.2d 3
STATE

v.
JONAS.
No. 43475.
Supreme Court of Missouri, Division No. 1.
July 13, 1953.

Page 4

Frank Bild, St. Louis, for appellant.

John M. Dalton, Atty. Gen., Walter G. Stillwell, Asst. Atty. Gen., and Grover C. Huston, Asst. Atty. Gen., for respondent.

HOLLINGSWORTH, Judge.

Defendant, tried by jury, was found guilty of second degree burglary of and larceny from a gasoline filling station in the City of St. Louis. His punishment was assessed at imprisonment in the state penitentiary for a term of ten years for the burglary and five years for the larceny. Following the overruling of his motion for new trial, allocution and judgment, he has appealed.

The information as originally filed named another as a codefendant. Subsequently, the codefendant was granted a severance and an amended information was filed against the herein defendant alone. In addition to the charge of burglary and larceny, the amended information alleged his prior conviction of seven felonies and lawful discharge upon compliance with the sentences therein imposed.

Defendant, although represented by court-appointed counsel at the trial, has filed no brief in this court. We, therefore, review the record proper and all valid assignments of error in the motion for new trial. State v. Johnson, 362 Mo. 833, 245 S.W.2d 43, 49.

Seven assignments are set forth in the motion. Of these, Nos. 2, 3, 6 and 7 wholly fail to comply with the mandatory provisions of Section 547.030 RSMo 1949, V.A.M.S., requiring that the motion for new trial in a criminal case 'must set forth in detail and with particularity, in separate numbered paragraphs, the specific grounds or causes therefor.' See State v. Boyd, Mo.Sup., 256 S.W.2d 765, 766, and cases cited therein. Thus: Nos. 2 and 3 are, respectively: that the court erred 'in overruling the objections of defendant's counsel to the questions asked by the circuit attorney of the State's witnesses', and 'in sustaining the objections of the circuit attorney to questions asked of witnesses by defense counsel.' See State v. Tillett, Mo.Sup., 233 S.W.2d 690, 692. Nos. 6 and 7 are, respectively: 'The verdict is against the law, as declared * * * by the court', and misdirection of the jury 'in material matters of law as set out in instructions numbered 1, 2, 3, 4, 5, 6 and 7.' See State v. Henderson, 356 Mo. 1072, 204 S.W.2d 774, 777.

Assignment No. 1 sufficiently alleges error of the trial court in overruling defendant's motion to suppress certain evidence, to wit: a radio, automobile battery and a five-quart can of oil, allegedly stolen from the filling station, on the ground they were obtained through an unlawful search and seizure of defendant's automobile. Assignments 4 and 5 allege insufficiency of the evidence to support the verdict.

The only evidence introduced by defendant in support of his motion to suppress said evidence consisted of the testimony of two of the three police officers who were present at the time of his arrest. Inasmuch as these officers testified to substantially the same facts in behalf of the State at the trial on the merits, such evidence need be stated only once in determining the merits of both the motion to suppress and the charge of insufficiency of the evidence to support the verdict.

At the trial on the merits, defendant elected to stand on his demurrer offered at the close of the State's case. The testimony in behalf of the State warrants a finding that:

On Saturday, December 1, 1951, as he had for more than...

To continue reading

Request your trial
17 practice notes
  • State v. Egan, No. 7316
    • United States
    • Court of Appeal of Missouri (US)
    • November 17, 1954
    ...no reasonable ground for arresting Cagle or his companions [State v. Cuezze, Mo., 249 S.W.2d 373, 376(4); contrast State v. Jonas, Mo., 260 S.W.2d 3, 5(5)]; that discovery of the whisky in the grocery bag was not an incident to a lawful arrest [State v. Carenza, 357 Mo. 1172, 212 S.W.2d 743......
  • State v. Blood, No. 43255
    • United States
    • United States State Supreme Court of Kansas
    • January 26, 1963
    ...be searched as an incident of the arrest. This includes the whole interior of the automobile and the trunk. (State v. Jonas [Mo. 1953], 260 S.W.2d 3; and State v. McNeece [1927], 317 Mo. 304, 295 S.W. 737.) The keys may be taken from him to get into a locked trunk. (State v. Howard [1929], ......
  • State v. Hartwell, No. 45117
    • United States
    • United States State Supreme Court of Missouri
    • September 10, 1956
    ...to our attention under Rule 27.20 and Section 547.030 RSMo 1949, V.A.M.S. State v. Murray, Mo., 280 S.W.2d 809; State v. Jonas, Mo., 260 S.W.2d 3; State v. Kelly, Mo., 107 S.W.2d 19; State v. Jordan, Mo., 235 S.W.2d The last assignment in the motion is that the court erred in not giving an ......
  • State v. Murray, No. 44258
    • United States
    • United States State Supreme Court of Missouri
    • July 11, 1955
    ...v. Kelly, Mo., 107 S.W.2d 19; State v. Jordan, Mo., 235 S.W.2d 379; State v. Frazier, 339 Mo. 966, 98 S.W.2d 707; State v. Jonas, Mo., 260 S.W.2d 3; State v. Graves, 352 Mo. 1102, 182 S.W.2d 46; State v. Finn, Mo., 243 S.W.2d 67; State v. Lamb, Mo., 239 S.W.2d 496. The assignment that the v......
  • Request a trial to view additional results
17 cases
  • State v. Egan, No. 7316
    • United States
    • Court of Appeal of Missouri (US)
    • November 17, 1954
    ...no reasonable ground for arresting Cagle or his companions [State v. Cuezze, Mo., 249 S.W.2d 373, 376(4); contrast State v. Jonas, Mo., 260 S.W.2d 3, 5(5)]; that discovery of the whisky in the grocery bag was not an incident to a lawful arrest [State v. Carenza, 357 Mo. 1172, 212 S.W.2d 743......
  • State v. Blood, No. 43255
    • United States
    • United States State Supreme Court of Kansas
    • January 26, 1963
    ...be searched as an incident of the arrest. This includes the whole interior of the automobile and the trunk. (State v. Jonas [Mo. 1953], 260 S.W.2d 3; and State v. McNeece [1927], 317 Mo. 304, 295 S.W. 737.) The keys may be taken from him to get into a locked trunk. (State v. Howard [1929], ......
  • State v. Hartwell, No. 45117
    • United States
    • United States State Supreme Court of Missouri
    • September 10, 1956
    ...to our attention under Rule 27.20 and Section 547.030 RSMo 1949, V.A.M.S. State v. Murray, Mo., 280 S.W.2d 809; State v. Jonas, Mo., 260 S.W.2d 3; State v. Kelly, Mo., 107 S.W.2d 19; State v. Jordan, Mo., 235 S.W.2d The last assignment in the motion is that the court erred in not giving an ......
  • State v. Murray, No. 44258
    • United States
    • United States State Supreme Court of Missouri
    • July 11, 1955
    ...v. Kelly, Mo., 107 S.W.2d 19; State v. Jordan, Mo., 235 S.W.2d 379; State v. Frazier, 339 Mo. 966, 98 S.W.2d 707; State v. Jonas, Mo., 260 S.W.2d 3; State v. Graves, 352 Mo. 1102, 182 S.W.2d 46; State v. Finn, Mo., 243 S.W.2d 67; State v. Lamb, Mo., 239 S.W.2d 496. The assignment that the v......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT