State v. Staples, 34524
| Citation | 490 S.W.2d 293 |
| Decision Date | 16 January 1973 |
| Docket Number | No. 34524,34524 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Edward STAPLES, Defendant-Appellant. . Louis District, Division Two |
| Court | Missouri Court of Appeals |
James A. Tulley, St. Louis, for defendant-appellant.
John C. Danforth, Atty. Gen., Richard E. Vodra, Asst. Atty. Gen., Brendan Ryan, Circuit Atty., Julian D. Cosentino, Asst. Circuit Atty., for plaintiff-respondent.
Defendant (as Defendant-Appellant shall hereinafter be identified) was convicted by a jury of the offense of tampering with a motor vehicle without the permission of the owner (Section 560.175, V.A.M.S.), and the trial court having found that he had previously been convicted of a felony, Robbery First Degree by Means of a Dangerous and Deadly Weapon, sentenced, imprisoned and discharged therefrom upon compliance with said sentence, imposed a sentence of three years in the custody of the Missouri Department of Corrections. It is from this judgment that defendant takes this appeal.
The only issue on appeal is whether the trial court erred in denying defendant's motion for a directed verdict of not guilty and in denying defendant's motion for judgment of acquittal, or, in the alternative, for a new trial because there was insufficient legal evidence that the defendant tampered with the automobile of the complainant. We hold it did not err.
Viewing the evidence most favorable to the State (the Plaintiff-Respondent shall hereinafter be so identified), as we must, State v. Lee, Mo., 404 S.W.2d 740, 746(2), we conclude that the jury could have found from the evidence introduced at trial that on the 3rd day of September, 1971, at approximately 8:05 p.m., Patrolman Myron Johnson, a member of the St. Louis Metropolitan Police Department attached to the 9th District, was directed by radio to the 3200 block of Thomas Avenue in the City of St. Louis, Missouri. As he drove the police car he was operating in an eastwardly direction on Thomas Avenue he observed a man, later identified as Homer Green, placing an automobile jack under the left rear side of the rear bumper of a 1968 Chevrolet Impala, white in color, and bearing an Illinois license plate. As Patrolman Johnson pulled up towards the white Chevrolet, Green picked up the jack and started walking east on Thomas away from the automobile. Patrolman Johnson shouted at Green to stop but he commenced running instead, eastwardly to Webster Avenue where he turned south on Webster. Defendant then came out from underneath the dashboard of the Chevrolet, got out from the passenger's side, and ran through the alley between Thomas and Easton. Patrolman Johnson at this point got out of the police car, fired two warning shots but the defendant continued running. Patrolman Johnson took up pursuit through the alleyway and then north on Webster to a basement in a house directly to the north of the alley. At no time did the officer lose sight of the defendant until the defendant entered the basement, and he had closed the distance to eight feet at that time. Defendant was described as wearing a black T-shirt or sweat shirt, a pair of dark trousers, either black or blue, he had a cast on his arm with a metal extension supporting one of his fingers and a little goatee. Patrolman Johnson was then joined by another police officer,...
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State v. Tate, 35442
...780 (Mo.1973) (tire and wheel); State v. Heather, 498 S.W.2d 300 (Mo.App.1973) (distributor cap, rotor, coil wheel); State v. Staples, 490 S.W.2d 293 (Mo.App.1973) (radio, jumper cables, wheels partially removed); State v. Bates, 439 S.W.2d 161 (Mo.1969) (front fenders and front bumper); St......
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State v. Minor, 35440
...with other evidence of active participation, will justify a jury in finding a defendant guilty of the crime charged. State v. Staples, 490 S.W.2d 293, 294(2) (Mo.App.1973). Here, defendant was seen placing a seat identified as being from the stolen car in a van truck next to the garage wher......
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State v. Merritt, 36968
...at the scene of the crime, considered with other evidence of affirmative participation, will support a conviction. State v. Staples, 490 S.W.2d 293, 294 (Mo.App.1973). Additionally, 'most felony tampering cases involve the theft or attempted theft of automobile parts.' State v. Tate, 509 S.......
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State v. Johnson, 40835
...of presence at and flight from the scene coupled with evidence of affirmative participation in the crime can be seen in State v. Staples, 490 S.W.2d 293 (Mo.App.1973) in which a conviction for tampering with a motor vehicle was affirmed. In that case, when police approached the car, the def......