State v. Ray, No. 22196.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtRailey
Citation225 S.W. 969
PartiesSTATE v. RAY.
Docket NumberNo. 22196.
Decision Date01 December 1920
225 S.W. 969
STATE
v.
RAY.
No. 22196.
Supreme Court of Missouri, Division No. 2.
December 1, 1920.

Appeal from Criminal Court, Jackson County; E. E. Porterfield, Judge.

Jack Ray was convicted of murder in the first degree, and he appeals. Affirmed.

On May 11, 1918, the prosecuting attorney of Jackson county, Mo., filed a duly verified information in the criminal court of said county, charging defendant with murder in the first degree. The information is in the usual form. Defendant was duly arraigned on said 11th day of May, and entered his plea of not guilty. A change of venue was awarded him and the cause was transferred to division 2 of said criminal court, and tried before Judge Porterfield on June 17, 1918. The jury returned into court the following verdict:

"We, the jury, find the defendant guilty of murder in the first degree as charged in the information and assess his punishment at imprisonment in the state penitentiary for and during his natural life."

From the judgment rendered by the trial court upon the verdict aforesaid, this appeal was taken.

Respondent's evidence tends to show the following facts: That Mike Sayeg, a police officer of Kansas City, Mo., on May 10, 1918, died from internal hemorrhages, cause by gunshot wounds; that one bullet entered the center of his back, a little to the left of his spine, passed out through his chest, almost in a straight line, and lodged in his clothing; that another ball entered his body under the left arm, passed down through his lungs, and lodged in his spine on the left side; that a third ball entered his left side, penetrated his lung, and passed out of his body between the eighth and ninth ribs; that any of said

[225 S.W. 970]

wounds were sufficient to cause death; that the weapon used in producing said death was a 38 or 32 caliber automatic pistol; that Sayeg left home at 15 minutes to 8 o'clock on the morning of May 9, 1918, in full uniform; that his beat covered Eighteenth and Locust streets, and Locust between Eighteenth and Nineteenth; that he was assigned to this part of the city on May 9, 1918; that his hours were from 6:30 o'clock p. m. on the 9th of May to 6:30 o'clock a. m. on the 10th day of May, 1918; that on the night of May 9, 1918, a negro club, located at 505 East Eighteenth street, Kansas City, Mo., gave an entertainment or "opening"; that Luther Gary, colored, arrived at this club between the hours of 10:30 and 11:00 o'clock p. m.; that while in the room of said club, where a crap game was in progress, he saw defendant; that appellant had an altercation with another negro over the game, and said, "You all better quit — with my money"; that he told the fellow to throw his money to him, which was done; that appellant picked up the money and left the room; that in 8 or 10 minutes defendant returned to the room and shortly thereafter told Gary to put down his money; that Gary told him he did not have his money; that Gary had no bet with defendant; that a shot was then fired, after which Gary found his head was cut and bleeding; that this wound was the result of a blow given to Gary by appellant, or by the shot from his pistol; that Gary got under the table and heard several of the persons present say appellant had gone away; that this difficulty occurred between 2:30 and 3 o'clock a. m.

George E. Pate was present at the club when the difficulty occurred. He testified in substance: That he heard a shot fired in the gambling room, and saw defendant come down the hallway with a pistol in his hand. That appellant said: "If any of you ____ me, I will blow your G___d d___n brains out." That, as defendant came out of the hall, a fellow grabbed him, and he said, "Go way, partner ! I don't want to kill you." That Pate then said: "Turn him loose and let him go. Don't let him kill you. Look at his eyes. Let him go." That defendant started into the barroom, and Pate said to him: "There is the door, brother. For God's sake, go out ! Don't come in here." That appellant started for the door, and some one yelled, "Head him off," and appellant fired back up the stairs. That at this time appellant had an excited and desperate look in his eyes. Pate testified that he heard the altercation between defendant and Gary; that appellant said:

"You ____ better stop monkeying with my money. Don't give me none of your lip. If you don't, I will kill some of you G___d d___n sons of b___hs. I am not here for no G___d d___n foolishness."

Allen Mack lived at 1809 Locust street. The latter runs north and south. Witness testified: That, on the morning of the difficulty, he heard two shots fired in quick succession, that sounded like they came from some place north of his house. That, shortly thereafter, he heard the sounds of persons running on the sidewalk, and heard four more shots fired quickly, which sounded like they were fired about 20 feet south of his home. There was no pause between the running and the shooting. That he (Mack) was the first person to reach the fallen officer. That the shots were fired on the east side of the street, and the body was found on the west side of the street, lying under the trees. The officer's cap was lying on the east side of the street. The shooting occurred 20 or 30 feet south of the alley. A big light at Eighteenth and Locust streets threw its rays to the alley. He did not know the stricken man was an officer until he struck a match. He saw other police officers come up Locust street in a Ford car and stop within 10 feet of the body. They threw the rays of a searchlight up and down the street, looking for the body. It was pretty dark. He saw a big object lying across the street while he was on his porch, but could not tell whether it was a man or not from that point. Mrs. Ella Werby lived at 1805 Locust street. At the time of the shooting she was looking out of her upstairs window. She heard one shot fired. After an interval, three or four more shots were fired in rapid succession. The shots were fired to the left and south of her house. She heard the thud of the body falling and a dreadful cry, and immediately thereafter heard an excited voice from the east side of the street say, "7, got him." By the light of an arc lamp she saw the form of a person lying on the west side of the street. At that time the wind was blowing very strongly, but there was no dust.

Police Officers Brice and Doran arrested appellant on the morning of May 10, 1918, on Locust street between Twenty-Sixth and Twenty-Seventh streets. When they first saw him, he was walking pretty fast and panting for breath like he had been running. They waited for him behind an automobile in the darkness. When appellant came up, they covered him with their revolvers and ordered him twice to throw up his hands. At the first order appellant raised his hands only to his waistband; it took the second order to get his hands up. After his arrest they found a pistol in his waistband.

At that time these officers did not know Sayeg had been killed. At 20 minutes to 3 o'clock a. m. they heard five shots fired. Fifteen minutes thereafter, appellant came toward them. Appellant said he had not been shooting at any one; said he lived at 1513 Virginia, but could not explain why he was going home that way. They took him to No. 4 police station, and in about 10 minutes

[225 S.W. 971]

thereafter learned that an officer was lying In the street between Eighteenth and Nineteenth on Locust. They went over there, and found Officer Sayeg's body lying 4 or 5 feet from the curbing on the west side of the street. The officer's cap was on the east side of the street, and his club was lying on the east side 40 or 50 feet from the body. They found five exploded cartridges next morning lying on the east side of the street, at the edge of the curbing, between the body and the cap. One shell was lying between the curb and the sidewalk. The body was dressed in full police uniform and could be seen from a distance of 100 or 150 feet. There was no wind or dust that morning.

Patrick Clark, police captain, was at the station when appellant was brought in. At that time Clark did not know Sayeg had been shot. Appellant denied having trouble at any place, and said he was on his way home to 1622 Virginia, but could not tell why he was going that way. In a short time Clark learned that an officer was lying in the street, dispatched Brice and Doran to the scene and went himself. Upon his arrival, he found Sayeg dead, and there learned of the trouble at the negro club.

Appellant gave the following voluntary written statement to Preble Hall, assistant prosecuting attorney:

"My name is Jack Ray. I am 20 years of age. I live at 1522 Virginia avenue. This morning about 1:15 a. m. a colored girl, with whom I had been riding around in a taxicab for several hours and I went into the club at 505 East Eighteenth street. This club is on the third floor of that building. After dancing awhile, I went in the side room and got into a crap game. Some man I have never seen before picked up 70 cents of my money, and I drew my automatic and struck him over the head, when the gun hit his head it was discharged. I then started to leave and as I ran down the steps the gun was discharged either once or twice, and when I got to the sidewalk, I ran west to the corner, and I turned south and continued to run down the street right along the sidewalk. When I got about middleways of the block a man stepped out and grabbed me, saying, `Stop.' This man grabbed me from behind and threw his arms around my body, pinioning my arms to my side. The gun was still in my right hand, and while I was wrestling with him, he being still on my back, the gun was discharged twice. Finally I got the man off of me and shook loose from him, and I ran on south to the corner of Nineteenth street. Before I shook myself loose from this man, my gun was discharged two or three times. I continued to run on south until I was arrested by the two...

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19 practice notes
  • State v. Hepperman, No. 37944.
    • United States
    • United States State Supreme Court of Missouri
    • June 17, 1942
    ...Jenny in his argument to the jury to argue facts not in evidence prejudicial to the defendant. State v. Hyde, 136 S.W. 316; State v. Ray, 225 S.W. 969; State v. Miller, 172 S.W. 385; State v. Goodwin, 217 S.W. 264. (22) The information in this cause, upon its face, states no offense known t......
  • Baker v. Baker, No. 7329
    • United States
    • Court of Appeal of Missouri (US)
    • December 21, 1954
    ...Wallace v. F. Burkhart Mfg. Co., 319 Mo. 52, 3 S.W.2d 387, 388(1); Pate v. Dumbauld, 298 Mo. 435, 250 S.W. 49, 52; State v. Ray, Mo., 225 S.W. 969, 974(8). That notice to defendant's counsel on February 23, 1954, was notice to defendant, and that his counsel was authorized to appear and act......
  • State v. Brinkley, No. 39557.
    • United States
    • Missouri Supreme Court
    • March 11, 1946
    ...695; State v. Gore, 292 Mo. 173, 237 S.W. 993; State v. Hart, 309 Mo. 72, 274 S.W. 385; State v. Pillow, 169 S.W. (2d) 414; State v. Ray, 225 S.W. 969; State v. Ryland, 25 S.W. (2d) 109, 324 Mo. 714; State v. Westmoreland, 126 S.W. (2d) 202. (2) The court did not err in limiting Instruction......
  • Hampe v. Versen, No. 21181.
    • United States
    • Court of Appeal of Missouri (US)
    • December 2, 1930
    ...held that the trial court erred in setting aside the nonsuit and granting plaintiff a new trial. In the case of State v. Ray (Mo.), 225 S.W. 969, 974, the prosecuting attorney, in his argument to the jury, called attention to conditions in Kansas City in respect to a reign of terror, etc., ......
  • Request a trial to view additional results
19 cases
  • State v. Hepperman, No. 37944.
    • United States
    • United States State Supreme Court of Missouri
    • June 17, 1942
    ...Jenny in his argument to the jury to argue facts not in evidence prejudicial to the defendant. State v. Hyde, 136 S.W. 316; State v. Ray, 225 S.W. 969; State v. Miller, 172 S.W. 385; State v. Goodwin, 217 S.W. 264. (22) The information in this cause, upon its face, states no offense known t......
  • Baker v. Baker, No. 7329
    • United States
    • Court of Appeal of Missouri (US)
    • December 21, 1954
    ...Wallace v. F. Burkhart Mfg. Co., 319 Mo. 52, 3 S.W.2d 387, 388(1); Pate v. Dumbauld, 298 Mo. 435, 250 S.W. 49, 52; State v. Ray, Mo., 225 S.W. 969, 974(8). That notice to defendant's counsel on February 23, 1954, was notice to defendant, and that his counsel was authorized to appear and act......
  • State v. Brinkley, No. 39557.
    • United States
    • Missouri Supreme Court
    • March 11, 1946
    ...695; State v. Gore, 292 Mo. 173, 237 S.W. 993; State v. Hart, 309 Mo. 72, 274 S.W. 385; State v. Pillow, 169 S.W. (2d) 414; State v. Ray, 225 S.W. 969; State v. Ryland, 25 S.W. (2d) 109, 324 Mo. 714; State v. Westmoreland, 126 S.W. (2d) 202. (2) The court did not err in limiting Instruction......
  • Hampe v. Versen, No. 21181.
    • United States
    • Court of Appeal of Missouri (US)
    • December 2, 1930
    ...held that the trial court erred in setting aside the nonsuit and granting plaintiff a new trial. In the case of State v. Ray (Mo.), 225 S.W. 969, 974, the prosecuting attorney, in his argument to the jury, called attention to conditions in Kansas City in respect to a reign of terror, etc., ......
  • Request a trial to view additional results

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