State v. Northern, No. 55998
| Court | Missouri Supreme Court |
| Writing for the Court | SEILER |
| Citation | 472 S.W.2d 409 |
| Parties | STATE of Missouri, Respondent, v. William NORTHERN, Appellant |
| Decision Date | 08 November 1971 |
| Docket Number | No. 1,No. 55998 |
Page 409
v.
William NORTHERN, Appellant.
Page 410
John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Special Asst. Atty. Gen., St. Louis, for respondent.
Rodney Weiss, Sanford Goffstein, Rosenberg, Weiss, Goffstein & Kraus, St. Louis, for appellant.
SEILER, Judge.
In a trial before the court, defendant was found guilty of rape and sentenced to ten year's imprisonment. He appeals.
The defense was consent and cooperation. Defendant was prosecutrix's brother-in-law. Each was thirty six years old and lived, with their respective spouses, in the same general area in St. Louis and the two families were together frequently. The prosecutrix's account was that defendant came to the apartment at night while her husband was away at work, was admitted on the pretext his wife was sick and wanted her, and once inside forced her into the bedroon and assaulted her. Defendant's version was that he stopped by to leave her some food he had picked up at a drive-in, that she, in her nightgown, led the way back to the bedroom, and willingly engaged in intercourse.
Defendant's contention is that the testimony of the prosecutrix is contradictory, not convincing, leaves many doubts and hence her uncorroborated testimony is not sufficient to sustain his conviction, citing State v. Quinn (Mo.Sup.) 405 S.W.2d 895, 897, where the rule has been recently stated.
The trial court resolved the case on the issue of credibility, saying '* * * this is simply a case of believability to me and Mrs. Walker's testimony is more believable, particularly in view of the medical corroboration and the other corroborated testimony * * *' The court, no doubt, had reference to the testimony as to swollen lips (defendant hit her on the mouth, she said, and loosened a tooth, which fell out a few days later), stains on the sheet (observed by the investigating officer, in contrast to defendant's testimony that she had spread a towel on the bed), and the fact that prosecutrix was still having a vaginal discharge as aftermath of birth of her child a month before (making voluntary intercourse less likely). Additionally, if it were a case of consent and cooperation, there would be no reason why she would have told her husband about it when he arrived home from work a few hours after the event, as she did. Also, we note that while defendant and prosecutrix had known each other for some time and prosecutrix had stayed at the house of defendant and wife for a month or so before she married the brother of defendant's wife, there even being occasions when she and defendant were alone in the house at night when defendant's wife was in the hospital, defendant made no claim of prior intimacies, although had such been the fact, it
Page 411
would have been admissible '* * * as showing an inclination on her part to consent to his embraces and thus negating an essential element of the crime charged * * *', Wigmore on Evidence, 3rd ed., Vol. II, Sec. 402, p. 369; see also Vol. I, supra, Sec. 200, p. 688....
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State v. Mateo, No. WD 71117.
...to the trial court's acceptance of a child witness's testimony. State v. Patterson, 569 S.W.2d 266, 270 (Mo.App.1978); Starks, 472 S.W.2d at 409 (“A child need not understand the term ‘oath’ in order to give testimony, provided the child exhibits some present understanding of the obligation......
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State v. Cole, No. SD 31344.
...S.W.2d 403, 405 (Mo. banc 1993); Pike, 162 S.W.3d at 475–76;State v. Nash, 339 S.W.3d 500, 508–09 (Mo. banc 2011). In State v. Northern, 472 S.W.2d 409 (Mo. banc 1971), the defendant contended that it was a violation of his constitutional rights to due process and equal protection for an ap......
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State v. Ingleright, No. 16113
...court in a jury-waived criminal case have the force and effect of a verdict of a jury. Mo. Const. art. I, § 22(a); State v. Northern, 472 S.W.2d 409, 411 (Mo.1971). In determining the validity of defendant's point, this court must view the evidence in the light most favorable to the state, ......
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State v. Huckin, No. 17996
...court in a jury-waived criminal case have the force and effect of a verdict of a jury. Mo.Const. art. I, § 22(a); State v. Northern, 472 S.W.2d 409, 411 (Mo.1971). Defendant's challenge to the sufficiency of the evidence requires this court to determine whether there is sufficient evidence ......
-
State v. Mateo, No. WD 71117.
...to the trial court's acceptance of a child witness's testimony. State v. Patterson, 569 S.W.2d 266, 270 (Mo.App.1978); Starks, 472 S.W.2d at 409 (“A child need not understand the term ‘oath’ in order to give testimony, provided the child exhibits some present understanding of the obligation......
-
State v. Cole, No. SD 31344.
...S.W.2d 403, 405 (Mo. banc 1993); Pike, 162 S.W.3d at 475–76;State v. Nash, 339 S.W.3d 500, 508–09 (Mo. banc 2011). In State v. Northern, 472 S.W.2d 409 (Mo. banc 1971), the defendant contended that it was a violation of his constitutional rights to due process and equal protection for an ap......
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State v. Ingleright, No. 16113
...court in a jury-waived criminal case have the force and effect of a verdict of a jury. Mo. Const. art. I, § 22(a); State v. Northern, 472 S.W.2d 409, 411 (Mo.1971). In determining the validity of defendant's point, this court must view the evidence in the light most favorable to the state, ......
-
State v. Huckin, No. 17996
...court in a jury-waived criminal case have the force and effect of a verdict of a jury. Mo.Const. art. I, § 22(a); State v. Northern, 472 S.W.2d 409, 411 (Mo.1971). Defendant's challenge to the sufficiency of the evidence requires this court to determine whether there is sufficient evidence ......