State v. McCombs
| Citation | 259 S.W. 440 |
| Decision Date | 04 March 1924 |
| Docket Number | No. 25200.,25200. |
| Parties | STATE v. McCOMBS. |
| Court | United States State Supreme Court of Missouri |
Appeal from Circuit Court, Buchanan County; W. H. Utz, Judge.
Vern McCombs was convicted of robbery in the first degree, and he appeals. Affirmed.
Jesse W. Barrett, Atty. Gen., and Allen May, Sp. Asst. Atty. Gen., for the State.
Statement.
On April 28, 1922, the prosecuting attorney of Buchanan county, Mo., filed an information against defendant charging him with the crime of robbery in the first degree for holding up the Westminster Pharmacy, in the city of St. Joseph, county and state aforesaid, on the night of March 18, 1922, by putting in fear, and offering violence and force to, Charles McRoberts, the owner of said place of business, and taking currency, coins, and checks of the aggregate value of $105.30. The case was tried before a jury, and, on October 27, 1922, a verdict of guilty was rendered, and defendant's punishment assessed at imprisonment in the state penitentiary for a term of five years. Motions for a new trial and in arrest of judgment were filed, overruled and the cause appealed to this court.
Substantial testimony was offered by the state, tending to show that Charles McRoberts was engaged in the retail business, at Twenty-Sixth, and Frederick avenue, in the residence district of the city of St. Joseph, on March 18, 1922; that defendant was in said drug store on the evening of above day, and stood by the cigar case for 15 or 20 minutes; that Mr. McRoberts waited on other customers, and, after everybody else had left the store but his employees and himself, the defendant walked back of the prescription case and sat down on a stool; that Mr. Carlton, his pharmacist, was standing on the outside of the prescription case, right at the edge of it; that the other clerk in the store was James Stone, who was back of the soda fountain in front of the store. McRoberts had asked defendant if he wanted anything, and Stone asked him the same question a couple of times, to which he finally replied in the negative. After the other customers had left the store, defendant went to back of same, and drew a gun on Carlton; walked over to McRoberts, and ordered them both to put up their hands; that he asked where the money was, and they informed him it was in the cash register; that he then had these men put their hands down, lined them up, and marched them to the cash register, got the money out of one register, went across to the other side, took the money out of the other register, went out of the door and disappeared; that the money taken included silver, paper money and some checks, the total value of which was $105.30; that the store was known as the Westminster Pharmacy, located in Buchanan county, Mo.; that the sole owner of said money and property was the witness Charles McRoberts.
The evidence tends to show that McRoberts gave up the money and property because he was in fear of being assaulted; that said transaction occurred shortly after 10 o'clock on Saturday night; that, about 2 o'clock the following afternoon, McRoberts went to the police station, acting upon a call from some one located there, and, upon his arrival, identified defendant as the robber.
James C. Stone, 20 years of age, the soda fountain clerk, corroborated the prosecuting witness, as to the order and details of the transaction. When he heard defendant order McRoberts and Carlton to put up their hands, Stone ran out of the front door, went across the street to another store, and asked a clerk to call the police station; that he tried to get a gun, but did not succeed, ran back out to the street, saw defendant march Carlton and McRoberts from one register over to the other, and saw the defendant run out and away. This witness positively identified defendant in the courtroom as the robber, and also identified him the next morning after the robbery at the police station.
The testimony of Stone is corroborated by that of Henry A. Kellemier, who ran a confectionery and grocery store opposite the Westminster Pharmacy.
H. M. Carlton, the pharmacist, corroborated the testimony of McRoberts and Stone in all particulars, and identified defendant in the courtroom and also at the police station the next morning after the robbery. On cross-examination Carlton testified as follows:
Sam Squires, a bartender, testified that on the night of the robbery, between 12 and 12:30, defendant came into the saloon where he was working, in St. Joseph, and tried to borrow some money on a gun, which was wrapped up in paper. While the defendant was in the saloon, the police officers came in, arrested defendant, and took the above gun. The police corroborate the testimony of Squires in respect to above occurrence.
The gun taken by the police from defendant was introduced in evidence, shown to the witnesses to said robbery, and they testified that it was similar to the one used by defendant at the time of the robbery.
The defendant was searched at the police station, and no money was found on him.
The Defendant's Testimony.
A large number of witnesses were called, and their testimony tended to show that on the night in question defendant was in a poolroom from about 8:30 in the evening until nearly midnight. Testimony was also offered tending to show the previous good reputation which defendant sustained in St. Joseph and Kansas City, where he had formerly lived and had been on the police force.
Appellant testified in his own behalf, denied the commission of the crime, and supported his theory of alibi. He denied that he was at the drug store where the robbery occurred. At the police station he gave his name as Charles Peterson. On cross-examination, defendant was asked if he did not hold up at the point of a revolver, about 10:25, Mr. Schmidt, who was conducting a grocery store, and rob him on the same night of the other robbery. He denied the entire transaction.
Thereafter, in rebuttal, the state, by way of impeachment of defendant's testimony, showed by...
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State v. Buxton
...as part of a general scheme to commit a series of robberies was properly admitted. State v. Carroll and Jocoy, 288 Mo. 392; State v. McCombs, 259 S.W. 440. The defendant was properly cross-examined about the matter, since he undertook on direct examination to account for all of his time on ......
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State v. Buxton
...as part of a general scheme to commit a series of robberies was properly admitted. State v. Carroll and Jocoy, 288 Mo. 392; State v. McCombs, 259 S.W. 440. defendant was properly cross-examined about the matter, since he undertook on direct examination to account for all of his time on the ......