State v. Singleton, No. 48677
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | CARL R. GAERTNER; PUDLOWSKI, P.J., and KAROHL |
| Citation | 694 S.W.2d 828 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Joseph SINGLETON, Defendant-Appellant. |
| Docket Number | No. 48677 |
| Decision Date | 11 June 1985 |
Page 828
v.
Joseph SINGLETON, Defendant-Appellant.
Eastern District,
Division One.
Motion for Rehearing and/or Transfer to
Supreme Court Denied Aug. 5, 1985.
Application to Transfer Denied
Sept. 10, 1985.
Page 829
Retta-Rae Randall, Public Defender, St. Louis, for defendant-appellant.
John M. Morris, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
CARL R. GAERTNER, Judge.
This is an appeal from a judgment entered on a jury verdict convicting appellant of murder in the second degree and armed criminal action. §§ 565.004, 571.015, RSMo.1978. Appellant was sentenced to concurrent terms of imprisonment of 24 years for the second degree murder and 3 years for the armed criminal action. The judgment is affirmed.
Appellant contends the trial court erred in: (1) overruling his motions for judgment of acquittal because the evidence is insufficient to support a conviction for murder in the second degree and (2) overruling his objection to questions asked by the state regarding the witness's knowledge of a prior arrest of appellant.
Appellant first contests the submissibility of the state's case. "When the sufficiency of evidence is challenged, the reviewing court is obliged to accept as true all direct or circumstantial evidence favorable to the verdict and all reasonable inferences which may be drawn from that evidence, while ignoring all evidence to the contrary." State v. Malady, 669 S.W.2d 52, 53 (Mo.App.1984).
The evidence most favorable to the state shows that appellant followed the victim out of a bar and demanded to know why the victim was showing disrespect for appellant's girlfriend. After denying appellant's accusation of disrespect, the victim walked away. Appellant then grabbed the victim, spun him around and stabbed him twice in the area of the chest or stomach with a knife. The victim broke away, but tripped after running about ten or eleven feet. Appellant grabbed the victim again and stabbed him twice more. The victim died of a stab wound to his heart.
"The elements of conventional second degree murder are 'the (1) willful, (2) premeditated, (3) killing, (4) of a human being, (5) with malice aforethought.' " State v. Moody, 645 S.W.2d 152, 154 (Mo.App.1982).
That the killing was willful or intentional is presumed from the assault with a deadly weapon in such a manner as to naturally, probably or reasonably produce death. See State v. Williamson, 657...
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State v. Hanson, No. 51002
...rule that a defendant may not on appeal enlarge the objection to the admission of evidence made to the trial court. State v. Singleton, 694 S.W.2d 828, 830 (Mo.App.1985). Where the trial objection to the admission of evidence is based upon a specific ground, and a different reason for the o......
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State v. Hanson, No. 51002
...rule that a defendant may not on appeal enlarge the objection to the admission of evidence made to the trial court. State v. Singleton, 694 S.W.2d 828, 830 (Mo.App.1985). Where the trial objection to the admission of evidence is based upon a specific ground, and a different reason for the o......