State v. Mahone, 48722
| Court | Court of Appeal of Missouri (US) |
| Citation | 699 S.W.2d 60 |
| Docket Number | No. 48722,48722 |
| Parties | STATE of Missouri, Respondent, v. Orlando Ray MAHONE, Appellant. |
| Decision Date | 13 August 1985 |
Page 60
v.
Orlando Ray MAHONE, Appellant.
Eastern District,
Division Four.
Motion for Rehearing and/or Transfer
Denied Oct. 17, 1985.
Application to Transfer Denied
Nov. 21, 1985.
Page 61
Helton Reed, St. Louis, for appellant.
John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.
SMITH, Presiding Judge.
Defendant appeals from his conviction of first degree murder and sentence of life imprisonment. We affirm.
The victim, John "Jessie" Moore, arrived at the crime scene in his automobile accompanied by two Busby sisters, Bessie and Delisa. Delisa went into the Busby house nearby. Bessie then observed Donald Stewart (Baby Jock) and defendant, who went by the name of Ray, approach the automobile. Bessie left the vehicle and went to the house. Stewart and defendant, each armed with a gun, entered Moore's car from the driver's and passenger's door respectively. Stewart ordered Moore to "empty his pockets." Shots were fired and Moore was pushed from the vehicle. More shots were fired by both assailants. Moore ran down the street, then came back to the Busby home and collapsed on the steps of the porch. Police and paramedics arrived and the latter classified Moore as unconscious and in shock. He was described as thrashing around and gasping for breath when the ambulance arrived. After being placed in the ambulance he temporarily regained consciousness and upon the fourth inquiry by the police officer as to who shot him, he stated "Baby Jock and Ray." Moore died on the way to the hospital from massive blood loss from a wound in the abdomen. Wounds sustained by him were from two different weapons. Bessie and
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her mother, who witnessed the shooting, both identified Stewart and defendant as the assailants. A next door neighbor, a sister of Bessie's mother, identified Stewart but could not identify the second assailant. Stewart was the father of Delisa's child and a frequent visitor at the Busby home. Delisa died prior to trial. Defendant was arrested within hours after the shooting at his home. Stewart was with him at the time of the arrest. Defendant presented an alibi defense.Defendant raises seven contentions of error on appeal. The first challenges admission of Moore's statement of the identity of his attackers. This contention is based on an alleged lack of evidence of Moore's belief that he was dying and the alleged absence of evidence that Moore knew...
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State v. Hayes, WD 59964.
...be inferred from the declarant's condition and other circumstances which indicate his apprehension of imminent death." State v. Mahone, 699 S.W.2d 60, 62 (Mo.App. E.D. 1985). "It is the impression of almost immediate death rather than the rapid succession of death which renders the statemen......
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State v. Minner, WD 70338.
...from the declarant's condition and other circumstances which indicate his apprehension of imminent death.'" Id. (quoting State v. Mahone, 699 S.W.2d 60, 62 (Mo.App. E.D.1985)). If the declarant believes, based on his condition, that he will die almost immediately, that is sufficient to demo......
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State v. Minner, No. WD70338 (Mo. App. 3/9/2010), WD70338.
...from the declarant's condition and other circumstances which indicate his apprehension of imminent death.'" Id. (quoting State v. Mahone, 699 S.W.2d 60, 62 (Mo. App. E.D. 1985)). If the declarant believes, based on his condition, that he will Page 10 almost immediately, that is sufficient t......
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State v. Paschall, SD 35688
...be inferred from the declarant's condition and other circumstances which indicate his apprehension of imminent death." State v. Mahone , 699 S.W.2d 60, 62 (Mo. App. E.D. 1985) ; State v. Hayes , 88 S.W.3d 47, 63 (Mo. App. W.D. 2002). Thus, in the absence of an express statement, a declarant......