State v. Martin
| Decision Date | 14 February 1955 |
| Docket Number | No. 44446,No. 1,44446,1 |
| Citation | 275 S.W.2d 336 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Raymond W. MARTIN, Defendant-Appellant |
| Court | Missouri Supreme Court |
No appearance for appellant.
John M. Dalton, Atty. Gen., Paul McGhee, Asst. Atty. Gen., for respondent.
Raymond W. Martin (appellant) was charged by an amended information with molesting a minor with immoral intent, the specific allegation being that he took indecent liberties with Bonnie Lawson, a twelve year old child, 'by then and there placing his hands upon her legs and beneath her dress, and by caressing and hugging her and exhibiting to her his private parts.' This conduct is made an offense by the provisions of Section 563.160 RSMo 1949, V.A.M.S. Defendant was also charged with a prior conviction of the felony of rape in the State of Oklahoma in compliance with what is known as the Habitual Criminal Act. Section 556.280 RSMo 1949, V.A.M.S. A jury found the prior conviction and that defendant was guilty of the offense charged and fixed his punishment at five years' imprisonment in the penitentiary. From the ensuing judgment and sentence defendant has appealed.
Defendant has filed a complete transcript but no brief. In this situation, it is our duty to examine the transcript for errors, if any, assigned in his motion for new trial and we must also review the matters previously considered parts of the record proper in order to ascertain errors that may appear therein. State v. Jones, Mo.Sup., 227 S.W.2d 713.
Defendant offered no evidence. The evidence presented by the state would seem to justify the following brief statement of facts. At about 7:15 p. m. on October 8, 1952, Bonnie Lawson, then 12 years of age, had completed a dancing lesson and was at Sixth and Joplin Streets in the City of Joplin. She called a taxi and shortly thereafter entered one being driven by the defendant, whom she directed to take her to 2829 East Seventeenth Street, her residence.
After discharging another passenger, defendant drove the cab to a point in Newton County, just south of Joplin. In this area, two stops were made at which times the acts complained of occurred. The prosecuting witness testified that defendant played with her legs; put his arms around her neck; unbuttoned her clothing and pushed her down in the seat. When she resisted these advances, he threatened to harm her with a knife, attempted to strangle her and struck her behind the ear. When Bonnie managed to get out of the car, he backed her up against the car with his private parts exposed. Finally, he yielded to her pleading to stop such conduct and drove her to a place near her home where she left the cab.
Bonnie went to the residence of a neighbor who escorted her to her home. Her parents were away but were immediately called and upon arrival found their daughter in a hysterical condition. As soon as they could learn what had occurred, the parents called the police and shortly thereafter the defendant was arrested. He admitted to the police that Bonnie Lawson, whom he had not previously known, was a passenger in the cab but stated that she bumped her head on the car and perhaps was otherwise injured when she became angry and started fighting because he had become impatient when she would not tell him where she wanted to go.
Defendant made four assignments in his motion for new trial. The first merely states abstractly that it is the duty of the court to instruct upon any theory of the case which defendant's evidence tends to establish whether requested or not. This complaint is too general and preserves nothing for review. State v. Layton, 332 Mo. 216, 58 S.W.2d 454.
In the next assignment, defendant complains of the introduction in evidence of the record of his prior conviction and the submission of that issue in the instructions, asserting that the purpose in doing so was...
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State v. Ash
...is also sufficient on the prior convictions. State v. Ortell, Mo., 50 S.W.2d 1037; State v. Foster, Mo., 251 S.W.2d 675[5, 6]; State v. Martin, Mo., 275 S.W.2d 336; State v. Hagerman, 361 Mo. 994, 238 S.W.2d State v. Baldwin, 214 Mo. 290, 306(VI), 113 S.W. 1123, 1127(6). The verdict was ret......
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