State v. Patterson, No. 55641

CourtUnited States State Supreme Court of Missouri
Writing for the CourtPER CURIAM
Citation465 S.W.2d 599
PartiesSTATE of Missouri, Respondent, v. Dewitt PATTERSON, Appellant
Docket NumberNo. 55641,No. 2
Decision Date12 April 1971

Page 599

465 S.W.2d 599
STATE of Missouri, Respondent,
v.
Dewitt PATTERSON, Appellant.
No. 55641.
Supreme Court of Missouri, Division No. 2.
April 12, 1971.

Ronald M. Sokol, The Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; Paul T. Miller, Executive Director, Willard B. Bunch, Chief Defender, of counsel.

John C. Danforth, Atty. Gen., James M. Reed, Asst. Atty. Gen., Jefferson City, for respondent.

PRITCHARD, Commissioner.

For robbery with a dangerous and deadly weapon, a knife and a revolver, the jury found appellant guilty. It was alleged, proved and found by the court that appellant had a prior felony conviction, and the court subsequently sentenced him to twelve years imprisonment in the Department of Corrections.

The appeal presents two points. The first is that the in-court identification of appellant was tainted by his exhibition in a lineup before trial without assistance of counsel, in violation of his constitutional rights. The second is that Instruction No. 6 on the subjects of presumption of innocence and reasonable doubt was erroneous in that it invaded the province of the jury;

Page 600

constituted a judicial comment on the evidence; established a burden of proof of innocence; and commented upon appellant's failure to testify, 'whereby appellant was denied due process of law.'

On August 16, 1969, about two o'clock in the morning, Kirk A. Trimble was driving his Mustang car near 46th and Montgall Streets in Kansas City, Missouri. Two friends, Charles Edgar and Terry Wantland, were with him and one of them noticed a following car with five or six persons in it. As Trimble slowed for a stop sign appellant, whom Trimble identified in court, pointed a gun at him and told him to stop, which he did. Trimble was pulled from the car, struck on the head with a pistol several times, and was told to 'spread-eagle' on the car. Trimble saw appellant pull Wantland from the car, after which the assailants took about $115.00 from Wantland and $80.00 from Trimble, and drove off in Trimble's Mustang. The time interval of the occurrence was five to seven minutes. Trimble and his companions ran to Prospect Avenue and informed a police officer there as to what had happened. The officer drove the three to Research Hospital for treatment of their injuries and on the way reported the robbery to headquarters by radio, giving a description of the assailants. While the three victims were in the hospital they were informed that a suspect had been arrested, and about 2:30 a.m., a half hour after the robbery, the victims identified appellant in a police lineup as being one of the men who robbed them. There were four persons exhibited along with appellant in the lineup.

Lloyd Harvey was the police officer who arrested appellant in the rear of a pool hall at 4815 Prospect. Two men were then standing at the rear of a white Mustang which had its trunk...

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3 practice notes
  • State v. Csolak, No. 37826
    • United States
    • Court of Appeal of Missouri (US)
    • August 1, 1978
    ...seconds); State v. Bivens, supra (15 seconds-60 seconds); State v. Young, 534 S.W.2d 585 (Mo.App.1976) (3 seconds); State v. Patterson, 465 S.W.2d 599 (Mo.1971) (2 minutes). Although there is some evidence that the lighting in the area was dim, the area was lit by residential gas lights. In......
  • Simms v. State, No. 39474
    • United States
    • Court of Appeal of Missouri (US)
    • June 13, 1978
    ...SMITH, J., concur. --------------- 1 Cf. State v. Hardin, 555 S.W.2d 27, 29 (Mo.banc 1977) (one and a half minutes); State v. Patterson, 465 S.W.2d 599, 601 (Mo.1971) (two 2 Instruction No. 7 is MAI-CR 2.70 The defendant is charged with a separate offense in each Count submitted to you. Eac......
  • State v. Little, No. 39359
    • United States
    • Court of Appeal of Missouri (US)
    • September 26, 1978
    ...and KELLY, J., concur. --------------- 1 State v. Hardin, 555 S.W.2d 27, 29 (Mo. banc 1977) (one and a half minutes); State v. Patterson, 465 S.W.2d 599, 601 (Mo.1971) (two...
3 cases
  • State v. Csolak, No. 37826
    • United States
    • Court of Appeal of Missouri (US)
    • August 1, 1978
    ...seconds); State v. Bivens, supra (15 seconds-60 seconds); State v. Young, 534 S.W.2d 585 (Mo.App.1976) (3 seconds); State v. Patterson, 465 S.W.2d 599 (Mo.1971) (2 minutes). Although there is some evidence that the lighting in the area was dim, the area was lit by residential gas lights. In......
  • Simms v. State, No. 39474
    • United States
    • Court of Appeal of Missouri (US)
    • June 13, 1978
    ...SMITH, J., concur. --------------- 1 Cf. State v. Hardin, 555 S.W.2d 27, 29 (Mo.banc 1977) (one and a half minutes); State v. Patterson, 465 S.W.2d 599, 601 (Mo.1971) (two 2 Instruction No. 7 is MAI-CR 2.70 The defendant is charged with a separate offense in each Count submitted to you. Eac......
  • State v. Little, No. 39359
    • United States
    • Court of Appeal of Missouri (US)
    • September 26, 1978
    ...and KELLY, J., concur. --------------- 1 State v. Hardin, 555 S.W.2d 27, 29 (Mo. banc 1977) (one and a half minutes); State v. Patterson, 465 S.W.2d 599, 601 (Mo.1971) (two...

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