State v. Nord, 44918
| Decision Date | 13 February 1956 |
| Docket Number | No. 1,No. 44918,44918,1 |
| Citation | 286 S.W.2d 775 |
| Parties | STATE of Missouri, Respondent, v. Lavurn NORD, Appellant |
| Court | Missouri Supreme Court |
David J. Kueter, St. Louis, for appellant.
John M. Dalton, Atty. Gen., Grover C. Huston, Asst. Atty. Gen., for respondent.
HOLMAN, Commissioner.
Appellant, Lavurn Nord, hereafter referred to as the defendant, was found guilty of murder in the second degree and his punishment assessed at imprisonment in the penitentiary for twenty years. He appeals from the judgment and sentence entered accordingly.
The evidence indicates that one James Richardson died on October 30, 1954, from the effects of a stab wound inflicted earlier that day by defendant. The incident occurred in an alley connecting Franklin and Cole Streets in the block between Broadway and Fourth Streets in St. Louis, Missouri. A number of colored men had built a fire in an iron barrel and had gathered around it drinking wine. Defendant joined them about 9 a. m. and 'chipped in' a quarter on the purchase of a fifth of wine. Muriel Easton was sent to get it. As Easton returned, he met deceased who accompanied him back to the barrel. Shortly thereafter, all of the men left except Easton, Richardson and the defendant. According to Easton, the defendant raised up from his seat, took a butcher knife from under his coat and stabbed Richardson in the chest. He stated that nothing and been said, no threats had been made and that neither of the men had previously struck the other.
The defendant offered no evidence. However, when he was arrested the next day, defendant made certain statements to the officers which show his version of the occurrence. He was found by the officers while sleeping in a vacant building not far from the scene of the homicide. When awakened he was lying on a butcher knife which he later admitted was used in stabbing the deceased. The officers testified that, after defendant was taken to the police station, he stated that when Easton returned to the barrel the fifth of wine was consumed by defendant, Easton and a colored man called 'Pop.' He related further that shortly thereafter another colored man (Richardson) called him a vile name, threatened to knock his brains out and then did strike defendant 'alongside of his head with his fist,' and that defendant then pulled out the knife and stabbed him one time on the left side. Apparently all of them then ran out of the alley.
Defendant has not filed a brief and therefore it becomes our duty to examine the assignments in his motion for new trial. The first point in the motion is that the verdict is against the weight of the evidence.
We have frequently held that this assignment is too general and therefore insufficient to preserve anything for review. State v. Schramm,...
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Bullington v. State, 55046
...of laws proscribing certain conduct and the fixing of the limits of punishment is a legislative and not a judicial function. State v. Nord, Mo., 286 S.W.2d 775, 776; however, we are not here dealing with the interpretation and construction of § 559.230 in circumstances where it is the only ......
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State v. Vincent, 46849
...the evidence, nor in submitting the issue of murder in the second degree. State v. Gaters, Mo.Sup., 39 S.W.2d 548, 549; State v. Nord, Mo.Sup., 286 S.W.2d 775, 776(4); State v. Tourville, Mo.Sup., 395 S.W.2d 1, Defendant contends that the court erred in admitting State's Exhibits 3 and 4 in......
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King v. Swenson, 52828
...that fixing the limits of punishment is primarily a legislative function which is limited only by the constitution. State v. Nord, Mo., 286 S.W.2d 775, 776(2). The legislative authority has the right to classify with reference to the evil to be prevented and there is no constitutional requi......
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State v. Velanti
...and not a judicial function. State v. Copeland, 335 Mo. 140, 71 S.W.2d 746; State v. McGee, 361 Mo. 309, 234 S.W.2d 587.' State v. Nord, Mo.Sup., 286 S.W.2d 775, 776. In the case under review the term of imprisonment specified in the verdict was well within the limits prescribed in the stat......