State v. McCrary, No. 56128

CourtMissouri Supreme Court
Writing for the CourtHENLEY
Citation478 S.W.2d 349
PartiesSTATE of Missouri, Respondent, v. Ronald McCRARY, Appellant
Decision Date10 April 1972
Docket NumberNo. 56128,No. 2

Page 349

478 S.W.2d 349
STATE of Missouri, Respondent,
v.
Ronald McCRARY, Appellant.
No. 56128.
Supreme Court of Missouri, Division No. 2.
April 10, 1972.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Bell, Fullwood, Wilson & Harris, by James A. Bell, Allen I. Harris, St. Louis, for appellant.

Page 350

HENLEY, Judge.

By an information alleging three prior felony convictions in 1961 (one of which was for illegal sale of a narcotic drug) defendant was charged with illegal possession of heroin, a narcotic drug, in August, 1969. Sections 195.020 and 556.280, RSMo 1969, V.A.M.S. Defendant waived a jury and the case was tried before the court. The court found defendant guilty and sentenced him to imprisonment for a term of ten years. Section 195.200(2). Defendant appeals. We affirm.

Defendant relies on two points for reversal of his conviction: (1) that the court erred in failing to suppress evidence (heroin) seized in a search of his person, because there was no probable cause for his arrest or the search; (2) that the court erred in admitting the testimony of a police chemist, because there was a break in the chain of custody of the substance she described as heroin.

By agreement, defendant's motion to suppress evidence was heard and considered in connection with the evidence on guilt or innocence.

Burleigh Howell, a St. Louis ploice officer, testified that on August 18, 1969, at about 10:45 p.m., he saw defendant driving an automobile wighout taillights and directed him to pull his automobile over to the curb near 5501 Page in the City of St. Louis; that defendant stopped at the curb, got out of his automobile, and walked toward the officer standing beside the police car; that he told defendant he was under arrest for driving without taillights; that defendant handed him a driver's license receipt; that as he was writing out a ticket or summons for the defective automobile offense, defendant suddenly reached for his right hip pocket; that this alarmed him because he did not know whether defendant had a weapon; that he grabbed defendant's right arm, put handcuffs on him, and found in defendant's right rear pocket two condoms full of white powder which defendant said was heroin; that he then told defendant he was under arrest for possession of heroin.

Officer Howell further testified that he also found on defendant's person two white envelopes containing red and white pills; that he placed...

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18 practice notes
  • State v. Achter, No. 9562
    • United States
    • Missouri Court of Appeals
    • July 22, 1974
    ...the warrant Page 901 requirement of the Fourth Amendment, but is also a 'reasonable' search under that Amendment.' See State v. McCrary, 478 S.W.2d 349 (Mo.1972) (traffic violation). A search is incident to an arrest only if conducted substantially contemporaneously with the arrest and conf......
  • McCrary v. State, No. 36400
    • United States
    • Missouri Court of Appeals
    • September 23, 1975
    ...lawful and that there was probable cause for the search and seizure incident to the arrest, and affirmed the judgment. State v. McCrary, 478 S.W.2d 349 Then on January 30, 1973, McCrary filed this motion to vacate. He alleged some eleven grounds only two of which are preserved and which are......
  • State v. Gustin, No. 17589
    • United States
    • Court of Appeal of Missouri (US)
    • March 18, 1992
    ...therein were in the same or like condition when introduced at trial as when Sharpe purportedly received them. Citing State v. McCrary, 478 S.W.2d 349 (Mo.1972), and State v. Dee, 752 S.W.2d 942 (Mo.App.1988), Defendant proclaims, "To be admissible, the evidence must be in the same or i......
  • State v. Hedrick, No. KCD
    • United States
    • Missouri Court of Appeals
    • March 1, 1976
    ...access to the lockers does not, in these circumstances, Page 584 render the proof of the chain of custody insufficient. State v. McCrary, 478 S.W.2d 349, 351 (Mo.1972); State v. Winters, 525 S.W.2d 417, 426(20--22) The case of State v. Ilgenfritz, 263 Mo. 615, 173 S.W. 1041 (1915), relied u......
  • Request a trial to view additional results
18 cases
  • State v. Achter, No. 9562
    • United States
    • Missouri Court of Appeals
    • July 22, 1974
    ...the warrant Page 901 requirement of the Fourth Amendment, but is also a 'reasonable' search under that Amendment.' See State v. McCrary, 478 S.W.2d 349 (Mo.1972) (traffic violation). A search is incident to an arrest only if conducted substantially contemporaneously with the arrest and conf......
  • McCrary v. State, No. 36400
    • United States
    • Missouri Court of Appeals
    • September 23, 1975
    ...lawful and that there was probable cause for the search and seizure incident to the arrest, and affirmed the judgment. State v. McCrary, 478 S.W.2d 349 Then on January 30, 1973, McCrary filed this motion to vacate. He alleged some eleven grounds only two of which are preserved and which are......
  • State v. Gustin, No. 17589
    • United States
    • Court of Appeal of Missouri (US)
    • March 18, 1992
    ...therein were in the same or like condition when introduced at trial as when Sharpe purportedly received them. Citing State v. McCrary, 478 S.W.2d 349 (Mo.1972), and State v. Dee, 752 S.W.2d 942 (Mo.App.1988), Defendant proclaims, "To be admissible, the evidence must be in the same or i......
  • State v. Hedrick, No. KCD
    • United States
    • Missouri Court of Appeals
    • March 1, 1976
    ...access to the lockers does not, in these circumstances, Page 584 render the proof of the chain of custody insufficient. State v. McCrary, 478 S.W.2d 349, 351 (Mo.1972); State v. Winters, 525 S.W.2d 417, 426(20--22) The case of State v. Ilgenfritz, 263 Mo. 615, 173 S.W. 1041 (1915), relied u......
  • Request a trial to view additional results

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