State v. McLallen

• Decision Date: 31 March 1975
• Docket Number: No. KCD,KCD
• Parties: STATE of Missouri, Respondent, v. Edward McLALLEN, Appellant. 27005.
• Court: Missouri Court of Appeals

Page 1

522 S.W.2d 1

STATE of Missouri, Respondent, v. Edward McLALLEN, Appellant.

No. KCD 27005.

Missouri Court of Appeals, Kansas City District.

March 31, 1975.

Donald C. Cheever, Marshfield, for appellant.

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

Before SOMERVILLE, P.J., PRITCHARD, C.J., and TURNAGE, J.

TURNAGE, Judge.

Defendant appeals from multiple sentences assessed by the court following his conviction by a jury. The court found defendant was subject to the second offender act and sentenced defendant to a term totaling thirty years on one count of stealing, two counts of burglary and stealing, and one count of attempted burglary.

The evidence would justify the jury in finding that on January 17, 1972, John Coe was the owner of the Lincoln Hardware Store in Lincoln, Missouri. At about 2:00 A.M. on that day, Mr. Coe was awakened in the bedroom of his home by a sound coming over a loud speaker installed therein to pick up any sound emanating from the vicinity of the front door of his store. On determining that such sounds indicated someone was trying to break into his store, Mr. Coe arose and drove the few blocks to his store. He did not turn his car lights on until he was close enough to his store to observe two men prying at the front door trying to gain entrance. At this point Mr. Coe turned his car lights on which illuminated the front door and the two men, who promptly fled on foot. Mr. Coe was not able to make any identification of the men although he did give the officers a clothing description. Shortly after the men fled, Mr. Coe heard an automobile being driven out of town at a high rate of speed. Mr. Coe reported the incident to law enforcement officials. Shortly thereafter, Mr. Coe's wife, who was still at their home, heard their pickup truck being started and looked out in time to see it being driven out of their driveway. She notified her husband, who in turn again notified the officials.

About 3:00 A.M. two officers of the Sedalia, Missouri Police Force were cruising when they saw a pickup truck, matching the description given of the Coe truck, stopped at an intersection. The officers stopped and obtained a full facial view of the driver when he turned to look directly into the headlights of the police car. The pickup truck proceeded, with the officers following, and very shortly thereafter the officers signaled the truck to stop. After the truck stopped, the officers were in the process of getting out of their car when the truck suddenly started again. The officers gave chase and the truck went a short distance and then left the street proceeding through residential yards, eventually coming to a stop against a fence. The officers saw the driver run from the car. The officers in the meantime had radioed for assistance and another car arrived and defendant was arrested by the other officers a short time later. He was thereafter identified by the first officers who had spotted him as being the person who was driving the truck when they first observed it.

Defendant was thereafter taken to the Sedalia Police Department where he was booked and the contents of his pockets were taken and inventoried. Among these contents were a quarter with the rim completely hammered so that it resembled a small racing tire, and some coins bearing the legend 'play penny'. These coins were later identified by Mr. Atwood as having been at the Atwood & Henry Store in Lincoln, Missouri, immediately prior to the breakin. Defendant was also wearing a coat matching the description given by Mr. Coe of the men at the front door of his store.

In the meantime, police officers discovered that the Atwood & Henry Store and the MFA Store had been broken into and considerable merchandise had been stacked near the front door. The front door of the Lincoln Hardware Store bore evidence of having been pried upon in an effort to gain entry. These three stores were within close proximity and the breakins occurred at about the same time and showed the same mode of operation.

It was later determined a quantity of coins and a cap were taken from the Atwood & Henry Store and six knives were taken from the MFA Store. Defendant's plan, of course, was to get the car and he and his companion would then have the other merchandise by the front doors of the respective stores ready to load into the car.

The next day the sheriff and prosecuting attorney of Benton County went to Sedalia to talk with the defendant. After reading the defendant the Miranda warning, the defendant signed a written waiver of his right to remain silent and to have counsel. The sheriff stated the defendant told them he understood his right to remain silent. The sheriff testified in a pre-trial hearing on a motion to suppress the statement given on that occasion, that the prosecuting attorney had told the defendant several times it would be the best thing for him to make and sign a statement. The defendant gave a statement in which he admitted leaving Kansas City with an unnamed friend for the purpose of going to Lincoln to commit several burglaries. The defendant stated they had broken into the Atwood & Henry Store, the MFA Store, and were in the process of trying to break into the Lincoln Hardware Store when Mr. Coe arrived. The defendant stated while he and his friend were running to their car in order to make their escape, he slipped and fell and his friend reached the car and was able to leave town. The defendant thereafter saw Mr. Coe's pickup truck in the driveway and found the keys in it, and made his escape by taking the truck, only to be apprehended later in Sedalia....