State v. Reask
| Citation | 409 S.W.2d 76 |
| Decision Date | 14 November 1966 |
| Docket Number | No. 2,No. 51786,51786,2 |
| Parties | STATE of Missouri, Respondent, v. Robert Gene REASK, Appellant |
| Court | United States State Supreme Court of Missouri |
Norman H. Anderson, Atty. Gen., Jefferson City, David G. Dempsey, Sp. Asst. Atty. Gen., St. Louis, for respondent.
David L. Campbell, James J. Rankin, St. Louis, for appellant.
PRITCHARD, Commissioner.
Defendant was found guilty by the verdict of a jury of occupying premises for the purpose of recording bets (§ 563.350, RSMo 1959, V.A.M.S.) and his punishment was assessed by the jury at imprisonment in the County jail for a term of one year and a fine of $1,000. This being a felony conviction, we have appellate jurisdiction. Const. Mo.1945, Art. V, § 3, V.A.M.S.
On May 30, 1963, Sergeant Glen Kirchhoff of the St. Louis County Police Department began an investigation of defendant (which led to his subsequent arrest) after observing him enter the M. & M. Tobacco Store, 3625 Gravois Avenue, in St. Louis, Missouri. Defendant came out of the Tobacco store in a couple of minutes, walked to within 25 to 30 feet of Sergeant Kirchhoff who was sitting in his police car, and the Sergeant saw and recognized a 'scratch sheet' being carried by defendant. On May 31, 1963, Sergeant Kirchhoff again saw defendant at the same location, going again into the M. & M. Tobacco Store and returning with a newspaper known as 'Racing Forms' and a scratch sheet. On June 1, 1963, Sergeant Kirchhoff again saw defendant emerge from the Tobacco store carrying a scratch sheet. These occasions all took place about 10:00 a.m., and after the June 1st observance Sergeant Kirchhoff went to 9408 Mary Glen Court in Crestwood, Missouri, arriving at 10:25 a.m., where he met two police officers from St. Louis County Police Department, Detectives Jack Patty and Richard Craig, who were in an apartment there. At 11:19 a.m., defendant arrived at the same apartments and entered 9408a Mary Glen Court, which was directly above the apartment where the three police officers were. Sergeant Kirchhoff heard no noises from the apartment above prior to the time defendant arrived, but he heard the telephone ringing and a voice speaking thereafter. He previously had not heard defendant talk. After the telephone rang the voice answered, While the conversation was going on the voice said, There were further conversations during which the voice said, 'I got you down for fifty to win on the Cards'; 'Okay, Phil, I got you down for one hundred on the Cards'; 'Okay, McClain County in the first at Cahokia'; and 'Who in the fifth at Washington Park.' These voices were heard by Sergeant Kirchhoff between 11:42 a.m. and 12:50 p.m. To the best of his knowledge no one entered or lfet the upstairs apartment. At 12:50 p.m., Sergeant Kirchhoff left the apartment and met Captain Vassel, Sergeant St. Onge and Chief Al Steimel (of the Crestwood Police Department), after which he and the other officers went to the front door at 9408a Mary Glen Court and Captain Vassel knocked loudly on the door numerous times, to which there was no response. The officers then gained entrance to the apartment by breaking the bottom half of the door, after which Kirchhoff saw defendant, who was the only person there. There were four rooms in the apartment, two of which were bedrooms. There was also a bathroom located between one bedroom and the kitchen. There was a table in the southeast room upon which were two telephones, a radio, a clock ashtray and a piece of paper. The telephones rang while Kirchhoff was there and he answered them, roughly, twenty-five times. One of the voices wanted to place money on 'Gold Security' in the first at Cahokia; one wanted to know what he owed; a female called wanting to know where 'Bucky' was; one voice said, 'Twenty to win on Teddy Galvin in the first at Washington Park'; one wanted to bet two hundred on the Cards to win; another wanted to bet twenty on the Cards; and there was another wanting to know what the odds were on the Cards. The telephones were removed by Southwestern Bell Telephone Company and the service disconnected at 3:00 p.m. After defendant's arrest Kirchhoff purchased a scratch sheet and Racing Form for the purpose of checking the horses that were running that date against the telephone conversations. The scratch sheet showed a horse named 'Gold Security' in the first race at Cahokia, also 'McClain County' in the first race. On the 'Daily Racing Form' there was a horse by the name of 'Teddy Galvin' which was to run that day at Washington Park, Homewood, Illinois.
On cross-examination, Kirchhoff testified that he did not have a search warrant, nor did the other officers have one that he knew of. The racing form such as he purchased is available all over St. Louis and in the metropolitan area on public newspaper stands--it is not against the law to buy one.
On re-direct examination, Kirchhoff testified that prior to the time defendant was arrested he did not make an investigation to learn who was the lessee of the apartments, and he did not know to whom they were leased.
Capitain Fred J. Vassel testified that he assisted in defendant's arrest. Vassel was a captain of the St. Louis County Police Department. With him at the time were Phil St. Onge, a sergeant; Kirchhoff, Detective Jack Patty, Richard Craig and Chief Steimel of the Crestwood Police Department. Vassel personally knocked on the door and shouted, 'Police Officers open the door.' No one came to the door, and after two or three minutes he forcibly opened the door--kicked it in, and found defendant and no one else inside the apartment. There was only one entrance to the apartment--the front door, with another door leading onto a balcony which was ten or twelve feet high. He saw no one enter or leave the premises for the fifty minutes he was there watching them. Vassel was in charge of the investigation, the other officers present acting under his direction. Vassel did not have a search warrant to enter the premises.
Phil St. Onge was a sergeant of the St. Louis County Police Department on June 1, 1963, being on that day with Captain Vassel. He assisted in defendant's arrest. Prior to going to the apartment, they picked up Chief Steimel of the Crestwood Police Department at its City Hall. St. Onge identified seven plastic envelopes, State's Exhibit 14, containing charred paper which he recovered from a metal pot or pan on the floor of the apartment.
Officer William Sahm, attached to the Bureau of Identification, Secret Service Division of the St. Louis County Police Department, arrived at the apartment where defendant was arrested about 2:00 p.m. on that day, with Detective George Randolph. On arrival, Sahm collected the contents of the seven plastic envelopes, State's Exhibit 14, containing charred paper. He was able to read with his naked eye on the bits of charred paper the words 'Seven'; 'entry'; 'Addition'; 'Dynamite'; 'Second'; 'First'; '2 o'clock'; 'Three year'; 'Pony'; numeral '6' and numeral '7' with the word 'Gold' behind it; 'Fifth' and '109'; '112--1'; '110' and '2--10'; '116'; '4--4'; 'Truman'; etc. These numerals are the same as appear on State's Exhibit 11, a scratch sheet. Other words on the charred paper are: 'Time 5:20'; 'Ancient Greek'; 'Smoke Stack'; 'Robin'; 'Dazzle Dancer'; 'Dynamite'; 'Addition'; '6 Furlong'; the latter word appears on State's Exhibit 11. Other words and figures appear on the charred bits of a paper matching words and figures on the Cahokia Downs racing form. Officer Sahm also collected from a folding card table, on which were located two telephones, four ballpoint pens (3 blue and 1 black) and an edition entitled 'Baseball News.' On this edition, showing the games being played on Saturday, June 1, 1963, the Cardinals were playing San Francisco. Writing inserted in this area, where the two teams were listed, shows the numerals '10 over 11,' with the words 'Fischer' behind San Francisco and 'Taylor' behind St. Louis, as probable pitchers. Some adding machine tape and wrinkled paper were also collected from the waste can and top of the card table. These bore the handwritten numerals '1 dash 2, 1 dash 3, 1 dash 4'; '1 to 9; 3 to 9, 4, 5, 4, 5' on down. Sahm also found black material, which appeared to be charred paper, on the bath mat directly in front of the toilet bowl in the bathroom.
On cross-examination, Sahm testified that he found no money upon a search of defendant.
George Randolph, a detective of the St. Louis County Police Department, in the Bureau of Identification also, went to the apartment at 9409a Mary Glen Drive in the City of Crestwood, in St. Louis County, on June 1, 1963, arriving at about 2:00 p.m. He was summoned by Captain Vassel, with Gustave Sahm. Upon arrival Randolph took several photographs (State's Exhibits 27, 28, 29, 30 and 31) of the southeast room of the apartment.
Detective Jack Patty was also at the premises when defendant was arrested, going there with Detective Craig, and arriving about 10:00 in the morning and first sitting outside in an unmarked police car. He received a radio call from Kirchhoff stating that the person they were interested in was on the way. He saw defendant arrive from the apartment at 9408 Mary Glen Court, and after defendant arrived he heard telephones ringing from the apartment directly above. He heard a man's voice say 'Fifty on the Cards'; 'That's one hundred dollars on the Cards'; 'Cahokia Downs'; and 'Washington Park.' Afterwards, Patty assisted in the arrest of defendant, breaking down the door to enter.
On cross-examination, Patty testified that he heard the telephone conversations above with his 'bare ears,' with no listening device.
Richard E. Craig, also a detective of the St. Louis County Police Department, went to the premises...
To continue reading
Request your trial
-
State v. Vineyard
...may be introduced in evidence.' Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067 (1968); State v. Reask, 409 S.W.2d 76, 83(6) (Mo.1966). Of course, defendant's shoes would fall within the plain view of the officer when he was arrested, and the picture of the Be......
-
Kansas City v. Stricklin, 53419
...same offense. Since the information was not invalid, the trial court had jurisdiction to proceed and to render judgment. State v. Reask, Mo., 409 S.W.2d 76, 81(2); State v. Rizor, 353 Mo. 368, 182 S.W.2d 525, The defendant's final contention is that the sentence was excessive and was impose......
-
State v. Hook
...with each and every act denounced by the statute. These alternatives are not synonymous, see State v. Bostic, supra, and State v. Reask, Mo., 409 S.W.2d 76; neither are they merely descriptive material as in State v. Reask. Here defendant could not know whether she was charged with inducing......
-
State v. Charity
...Virdure, 371 S.W.2d at p. 199; registering bets upon "trials or contests of skill, speed, or power, or endurance ...", State v. Reask, 409 S.W.2d 76, 81 (Mo.1966); and appearing in a "case or proceeding", State v. Shell, 571 S.W.2d 798, 801 Further in State v. Sullivan, 454 S.W.2d 515, 516 ......