State v. Stemmons

• Decision Date: 05 June 1924
• Docket Number: 25229
• Citation: 262 S.W. 706
• Parties: STATE v. STEMMONS
• Court: Missouri Supreme Court

262 S.W. 706

STATE v. STEMMONS

No. 25229

Supreme Court of Missouri, Second Division

June 5, 1924

William B. Skinner and Katherine Halterman, both of Mt. Vernon, D. C Mayhew, of Monett, and E. J. McNatt, of Aurora, for appellant.

Jesse W. Barrett, Atty. Gen., and Allen May, Sp. Asst. Atty. Gen for the State.

OPINION

HIGBEE, C.

The defendant was convicted of manslaughter and appeals. The Attorney General adopts appellant's statement and frankly confesses error. We have read the record and find that the appellant has correctly stated the facts of the unfortunate tragedy. They are as follows:

'Appellant Robert Stemmons and Lavanus Jackson were charged by information filed in the circuit court of Lawrence county with the murder of J. B. Tillman, on the 18th day of March 1922. After a severance, appellant was, at the January term, 1923, convicted of manslaughter and his punishment assessed by the jury at a fine of $ 500. From this judgment of conviction he appeals.

'The appellant is a lawyer and the tragedy occurred in the circuit court room in Mt. Vernon, Mo., during the hearing before the circuit judge, in vacation, of the application of Lavanus Jackson for parole, whom the appellant represented as counsel. The appellant had made an argument on behalf of his client, Jackson, and the court denied the application. Thereupon the deceased, Tillman, addressed the court and with other remarks stated, 'Sometimes young lawyers in their zeal misstate facts and ought to be called down,' or words to that effect. At this juncture, appellant, angered at the remark made by deceased, rose from his position and grasped the deceased around the neck, the two men clinched and fell to the floor, with their heads close together, appellant partially on top, with their heads to the north. Nothing further passed between appellant and the deceased while they lay prone upon the floor.

'Appellant was unarmed, and the affair came up suddenly and unexpectedly, and all of the state's witnesses agree that the appellant was mad. There isn't the slightest proof, direct or circumstantial, that the affair came up in any other manner.

'The prisoner Lavanus Jackson, was ordered brought from the jail, where he had been confined for several months previous to that time, by the court at the suggestion of his counsel, and was seated at the rear of the counsel table from his counsel. This court will search the record of the case in vain for any word, sign, or token passing between Jackson and the appellant, at or previous to the time of the difficulty. There isn't a word or circumstance in the whole record of the case which would indicate, in the slightest degree, that appellant, Stemmons, knew that his client, Jackson, would enter into the difficulty. There isn't the slightest evidence of any conspiracy or preconception between Jackson and appellant.

'As the two men lay prone on the floor, with their arms clinched about each other, and while state's witness Parker Potter held appellant's hand, Lavanus Jackson rushed in and kicked the deceased upon the head, causing a bruised or contused condition to the right and back of the center of the head, just at the back portion of the parietal bone, from which injury, after a trephining operation, Mr. Tillman, on the 19th day of March, 1922, died. All witnesses agree that Lavanus Jackson inflicted the mortal blow.

'The evidence varies as to the number of blows struck at Tillman by Jackson with his foot, but not over two blows struck the deceased, and they were delivered quickly, and there is no evidence as to which of said blows struck deceased. The evidence fails to show that the appellant uttered any word of encouragement, or did anything in any way, manner, shape, or form to assist or aid said Jackson. And the evidence likewise fails to show that the defendant saw Jackson kick the deceased, or that appellant approved or consented to the same.

'As a whole, the evidence shows that the defendant Jackson acted independently of the appellant.

'Appellant testified that he did not see Jackson kick the deceased, and...