State v. Shepherd, 39780.

Decision Date10 June 1946
Docket NumberNo. 39780.,39780.
Citation194 S.W.2d 908
PartiesSTATE v. SHEPHERD.
CourtMissouri Supreme Court

Appeal from Circuit Court, Jackson County; Ben Terte, Judge.

Hyliard Kirk Shepherd was convicted of robbery in the first degree, and he appeals.

J. K. Owens, of Kansas City, for appellant.

J. E. Taylor, Atty. Gen., and Smith N. Crowe, Jr., Asst. Atty. Gen., for respondent.

Affirmed.

BOHLING, Commissioner.

Hyliard K. Shepherd appeals from a judgment imposing a sentence of five years' imprisonment for robbery in the first degree in conformity with the verdict of the jury. R.S.1939, Sec. 4450, Mo.R.S.A.; Laws 1943, p. 518, Mo.R.S.A. § 4453. His grounds for complaint are that there was no sufficient evidence connecting him with the offense and that the verdict was the result of passion and prejudice, which he treats under one point.

Robert L. Sheetz, a consulting engineer, worked for the General Electronics Company and was subject to call at any time, day or night. He had been kept busy for sometime, working all sorts of hours, and frequently took naps in his car while parked on the side of the road. On September 18, 1944, he had been working during the day and had a special job in Kansas for that night. About 4 p.m. he left the company's office and drove his two-tone green Buick sedan, displaying a California license plate, to the vicinity of Blue Ridge road and 15th street in Jackson county, Missouri, where he parked and took a nap. Between 4:30 and 5 p. m. he was awakened "with a jacket over my head and a lot of confusion." Two men pulled him out of the front seat and forced him into his automobile between the front and back seats, one of the men forcing him down and telling him to keep still or he would be slugged. They drove the automobile to the "old Drum farm." During the trip he was relieved of his pocketbook containing between $2 and $4. He heard one of the men say: "wipe it off." He also missed his pen and pencil set and several other articles, some of which he had in the glove compartment. When the automobile stopped, he was made to crawl out and told to "keep that" over his head. He heard the automobile start and when he received no reply to an inquiry he took the jacket off. He was unable to identify defendant by sight or recognize his voice.

James Shell testified that on September 18, 1944, defendant and Richard Brentz rode with him in a Chevrolet automobile to 15th and Blue Ridge road, where he let them out about 2 or 2:30 p. m.

Mary Keys, a colored girl, thirteen years of age and in the seventh grade at school testified to the following effect: She lived at 1319 Jackson avenue, Kansas City, Missouri. About 6 p. m. on September 18, 1944, an automobile (later established and not disputed to be Mr. Sheetz's automobile) entered Jackson avenue from 12th street and parked in front of 1313 Jackson avenue, the second house from her home. Two men were in the front seat. After a few minutes, the driver wiped off the steering wheel, the door handle and the glass. The men got out of the car and walked back to 12th and Jackson streets. In about fifteen minutes they came back and walked toward 15th and Jackson streets. Witness watched the men until they were out of sight. She described both men, testifying the driver had on khaki shirt and trousers, had black hair, was bareheaded, and was about five feet tall. She identified defendant as the driver of the car. The other man in the car was Richard Brentz according to the testimony.

Mr. Sheetz had reported the loss of his automobile. It was not long until the police arrived and Mary Keys gave them a description of the men and the direction they took. The police arrested defendant and Brentz between 7 and 8 p. m. at "Louie's tavern" nearby. The officers testified that defendant had on a tan shirt and dark trousers; that they took the men back to Sheetz's parked automobile and had Mary Keys identify them, and that they could not find any finger prints around the doors and steering wheel of the car. Mary Keys testified the officers did not return that evening with the men for her to identify.

Defendant's evidence tended to establish an alibi. He testified, among other things, that on the afternoon in question he had on a tan shirt and light brown trousers, and was bareheaded; that when Shell took him and Brentz to 15th and Blue Ridge road about 2 p. m. he went home, changed clothes and arriving at the Crystal bar about 4 p. m. remained there until he went home about 6 p. m. where he ate, washed, changed clothes again, putting on a tan slack suit, and returned to "Louie's place" at 15th and Jackson a little after 7 p. m. where he met Brentz. He testified he ordered a beer for Brentz when he came in but that the police arrived before Brentz finished. He also testified that he and Brentz walked from 15th and Jackson to 12th and Jackson, had a glass of beer and returned to 15th and Jackson, and...

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