State v. Milligan, WD
| Decision Date | 17 May 1983 |
| Docket Number | No. WD,WD |
| Citation | 654 S.W.2d 204 |
| Parties | STATE of Missouri, Respondent, v. Leo Grant MILLIGAN, Appellant. 33019. |
| Court | Missouri Court of Appeals |
Robert G. Duncan, Gladstone, for appellant.
John Ashcroft, Atty. Gen., Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, for respondent.
Before TURNAGE, P.J., and PRITCHARD and KENNEDY, JJ.
Leo Milligan was found guilty by a jury of second degree murder for the killing of Charles Reno. In accordance with the jury's verdict, the court sentenced Milligan to life imprisonment. This court has jurisdiction. State v. Martin, 644 S.W.2d 359 (Mo. banc 1983).
On this appeal, Milligan contends that the evidence was insufficient to sustain the conviction, that the court erred in admitting evidence of his conduct when drunk, and that he was entitled to have the charge dismissed because he was not brought to trial within 180 days. Reversed and remanded.
Reno was a 95 year old retired farmer and auctioneer who lived alone on a farm near the small settlement of Tennis Grove, in Ray County, Missouri. Although Reno was in fairly good health, he walked with two canes, apparently because he was a large man. Close neighbors checked on Reno almost daily and did much of his grocery shopping.
Milligan lived in the same general area but a few miles from the Reno farm. Milligan farmed, did some auctioneer work, and operated a bulldozer.
Between 9:00 and 10:00 a.m. on March 20, 1980, Don Coats, a neighbor of Reno, stopped at Reno's house and gave him a piece of pie. Coats stated that at that time Reno appeared to be in a normal condition. At about 4:45 p.m. on the same day, Raymond Woods observed Milligan driving his pickup truck northbound a short ways from and in the direction of the Reno home. Woods recalled that his windshield wipers were operating because the roads were wet.
At about 5:45 p.m. on the same day, Norman Burns, who farmed Reno's land and lived nearby, was returning from his job in Braymer when he observed Milligan's pickup truck parked in Reno's driveway near the gate leading to the yard around the house. There was evidence that while Reno and Milligan were acquainted, no one had seen Milligan's truck at Reno's house prior to March 20, and no one was aware that the two had previously visited each other.
When Burns went to work at about 7:00 a.m. on the next morning, March 21, he observed Milligan's truck still in the same place. After reaching his home Burns tried to call Reno because his suspicion had been aroused by the continued presence of Milligan's truck in the Reno driveway for such a lengthy time. When Burns received no answer from Reno, he called the owner of a nearby country store, who suggested that Burns go check on Reno. After this conversation the owner of the store called Don Coats.
Burns went to the Reno home, and upon looking in the truck, he observed Reno's body stuffed on the floorboard between the dash and seat on the passenger side. Burns went to the country store where he met Coats and the sheriff was called. Burns and Coats returned to the Milligan truck and they removed the billfold protruding from Reno's pocket and took it to the store. They returned to the truck and met the sheriff when he arrived shortly thereafter. Police evidence technicians from Kansas City also arrived at the scene.
Reno's two canes were found on the ground near the truck, together with an envelope addressed to Milligan, and a pair of glasses which were identified to be similar to those worn by Milligan. There was other mail addressed to Milligan lying near the canes which had blood on it.
In the front seat of the pickup there was trash, newspapers, more of Milligan's mail, and a sack with a 6 or 12 pack of beer. Reno's boots were sitting on the floor on the driver's side. A flap from a pair of coveralls was stuck to the bottom of one of the boots by a substance which had the appearance of blood. On top of Reno's body was an empty beer can with fingerprints which were later determined to belong to Milligan. Under Reno's body there were tools, two caps, and a set of keys. When the keys were inserted into the ignition of the truck the engine started and the windshield wipers and defroster came on.
There was evidence that Reno's wife had been dead a number of years, and that since her death he had made no effort to keep the house clean with the result it was littered with all kinds of trash. Reno slept on a couch in the front room, and when a cover was removed from the couch after the body was found, a whiskey bottle rolled out. It was later determined that Milligan's fingerprints were on that bottle. There was other evidence that Milligan had purchased a bottle of whiskey of the same brand on March 20. Additional evidence indicated that the bottle appeared to be clean in contrast to the filthy condition of the other trash found in the room. There was evidence that it had rained on March 20 and probably on Friday morning, the 21st. There was fairly fresh mud on the tail pipe and wheels of the pickup. Mud had dripped down from the truck and this mud had not been disturbed by any movement of the truck. Except for Highway A all of the roads in the area are either gravel or dirt. There was no sign of any scuffle in the house or on the ground near the truck.
An autopsy was performed on Reno. There were numerous fractures, bruises, and lacerations found on the body. Those included multiple fractures of the left leg, at the knee, and above the knee. He also had a fracture of the ribs, a fracture of the right arm, and of the little finger of the right hand. There were also possible fractures of the vertebrae. There was a very severe wound on the right side of the face and numerous lacerations and bruises. There were no gunshot or stab wounds. The pathologist who performed the autopsy stated that death was due to heart and lung failure secondary to violent injury to the body. He said that in his opinion Reno was in the truck 2 to 3 hours before he died and that his position in the truck restricted his breathing and had caused fluid to build up in his lungs. He stated that at the time of the autopsy at 3:00 p.m. on March 22, Reno had been dead for more than 24 hours. He further stated that the injuries were caused by a blunt mechanical object which struck Reno with tremendous force.
When the body was removed from the truck at about 11:15 p.m. on March 21, Dale Trigg, an evidence technician from the Kansas City, Missouri, Police Department, testified there was no rigor mortis present. He stated that rigor mortis generally leaves a body within 24 to 36 hours after death.
Trooper Baird of the highway patrol interviewed Milligan. He stated that Milligan told him that he arrived at his home between 10:00 p.m. and midnight on March 20 and parked his pickup at the end of the driveway because it was muddy. He said he left his keys and cap in the truck and probably his reading glasses and mail. During the interview Milligan was wearing coveralls and the trooper noticed a pocket flap missing. Milligan agreed that the trooper could take his coveralls and it was later determined the missing flap was the flap found stuck to the bottom of one of Reno's boots. It was stipulated that the flap had only recently been torn from the coveralls. Also during the interview, the trooper noticed that Milligan had an injury to his eye. Later examination revealed small specks of human blood on the coveralls, but they were too small to test for blood type.
A housekeeper who lived in Milligan's mobile home, although in a separate bedroom, stated that when she went out early on the morning of March 21 she noticed that Milligan's truck was not in the driveway, although she had observed Milligan asleep on a couch in the front room. She testified that Milligan was not home when she had gone to bed about 9:00 p.m. on March 20, but when she got up between midnight and 2:00 a.m., she observed he was sleeping on the divan. She testified that she awoke Milligan when she discovered the truck was not there and told him. After Milligan talked to relatives, apparently to see if they had his truck, he called the sheriff, and reported the truck stolen.
Milligan also told the trooper he could not recall anything that happened between 5:00 and 10:00 p.m. on the night of March 20. Other evidence indicated Milligan had been drinking during the day of March 20.
Milligan first contends that the evidence was insufficient to support a finding of guilt by a jury. The evidence in this case was of course circumstantial and the rule regarding review in a...
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