State v. Sanders, 49555
| Decision Date | 11 March 1963 |
| Docket Number | No. 1,No. 49555,49555,1 |
| Citation | 365 S.W.2d 480 |
| Parties | STATE of Missouri, Respondent, v. Charles Elliott SANDERS, Appellant |
| Court | Missouri Supreme Court |
Thomas F. Eagleton, Atty. Gen., Paul N. Chitwood, Asst. Atty. Gen., Jefferson City, for respondent.
HOLMAN, Commissioner.
Defendant was charged with and found guilty of the offense of burglary in the second degree and his punishment fixed by the jury at imprisonment in the penitentiary for a period of two years. See Sections 560.070 and 560.095(2), RSMo 1959, V.A.M.S. He has appealed from the judgment entered upon said verdict.
The building here involved was located at 1316 East 10th Street, Kansas City, Missouri, and was occupied by the Salvation Army in the operation of a mercantile business. Robert Simmerson testified that he was manager of the store; that on November 13, 1961, he 'locked up' at 4:30 in the afternoon and at that time saw that all the windows were closed and locked; that when he opened the store the next morning he discovered that a rear window had been broken out, and that the cash register was open and the change drawer had been removed therefrom and placed on the counter. He identified a shirt and cap found near the coke machine, and also certain photographs of the interior of the building which will be hereinafter referred to. This witness further testified that a box of small tools which he kept under the counter were found near the coke machine. Upon cross-examination he stated that as far as he knew nothing had been taken from the building.
Carl H. Schwarz testified that he was a night watchman employed by the Salvation Army for a group of buildings occupied by it. He stated that on the date in question he checked the doors and windows of the store building at 5:30 p. m. and again at 10:30 p. m. and found everything in order; that he went back about 12:45 a. m. on November 14, after learning that the police had been called to the store building, and found that a pane had been broken out of a window on the east side of the building, and that there was an open window on the west side thereof; that the police were then inside the building and had the defendant in custody.
Mary F. Gooch testified that she lived next door to the store building in question, except that there was a parking lot between the two buildings; that on the early morning of November 14, she was watching the 'late show' on television when she heard a noise outside which sounded like someone hammering; that she looked out the kitchen window and saw a man beating on a car with what appeared to be a crowbar; that this person then went over and broke out a window in the Salvation Army building and crawled into the building; that she then awakened her husband and had him call the police who arrived almost immediately; that a nearby street light enabled her to get a good look at this man and she identified him as the defendant; that she had seen him on three or four previous occasions in the building in which she lived.
Another witness, Corporal Calvin Kidwell, testified that he was with the canine unit of the Kansas City Police Department; that he arrived at the building in question, with his dog 'Silver War,' shortly after the police were called; that he found a broken window on the east side and then called inside, 'If anyone is in there, come out, or I'll turn the dog loose'; that in about two minutes the defendant was seen coming out of the alley and was apprehended by the officers present.
Marcus Boger, another member of the police force, testified that he answered a call to investigate the alleged burglary at the Salvation Army store; that he checked the building and found that a window had been broken on the east side of the building, and that a short time later he arrested the defendant as he came out of the alley; that they then went into the building and he saw that the change drawer had been removed from the cash register. Another policeman testified that defendant admitted that the cap found in the building belonged to him but explained that it must have fallen off of his head after the police had taken him into the building.
After defendant was arrested and taken to the police station he was interrogated by detective William Austin and his statement, so obtained, was reduced to writing and signed by him. That statement was admitted in evidence as State's exhibit 4 and contained, in part, the following: ...
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Stogsdill v. General American Life Ins. Co., s. 37374
...verify the photographs' authenticity so long as a competent and knowledgeable witness can attest to their veridicality. See State v. Sanders, 365 S.W.2d 480 (Mo.1963). The trial court properly exercised its discretion in admitting the contested photographs into We therefore, find no prejudi......
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State v. Robinson
...introduction of the photographs as fairly and accurately portraying the objects shown in them, within the requirement of State v. Sanders, Mo.Sup., 365 S.W.2d 480(3), and as truly reflecting the conditions at the scene, within the doctrine of State v. Brown, Mo.Sup., 312 S.W.2d 818(3). See ......
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State ex rel. State Highway Commission v. Haywood, 12297
...be made known or that he testify so long as a competent and knowledgeable witness furnishes a sufficient identification. State v. Sanders, 365 S.W.2d 480, 482 (Mo.1963); Stogsdill v. General Am. Life Ins. Co., 541 S.W.2d 696, 701(16) Before the photographs and their purported foundation are......