State v. Taylor
| Decision Date | 08 July 1968 |
| Docket Number | No. 2,No. 53189,53189,2 |
| Citation | 429 S.W.2d 254 |
| Parties | STATE of Missouri, Respondent, v. Roy Kenneth TAYLOR, Appellant |
| Court | Missouri Supreme Court |
Norman H. Anderson, Atty. Gen., Jefferson City, James R. Reinhard, Sp. Asst. Atty. Gen., Paris, for respondent.
Jay White, Rolla, for appellant.
Appellant, Roy Kenneth Taylor, was convicted of burglary in the second degree and stealing by a jury in the Circuit Court of Phelps County, Missouri. (Sections 560.070, 560.156 and 560.110 RSMo 1959, V.A.M.S.) Following rendition of judgment and imposition of sentence an appeal was perfected to this Court.
Appellant does not question the sufficiency of the evidence. Stuckey's of Rolla Gift Shop, located in Phelps County, Missouri, was broken into and entered the night of February 1 and 2, 1967. Money and 118 cartons of cigarettes were taken. Muddy tracks between the rest room window and the storage room were noted by investigating officers the morning of February 2, 1967. Appellant's union card was discovered on top of the mud in front of the rest room door. Later the morning of February 2, 1967, appellant was observed by Trooper Vernon Cole riding in an automobile driven by Ronald Seymour. The automobile was stopped, and appellant and Seymour were arrested. Trooper Walter Aytes arrived, and the officers opened and searched the trunk of the automobile. They found several boxes containing cartons of cigarettes in the trunk of the automobile.
Appellant contends the trial court erred in overruling his motion to suppress the evidence relating to the discovery of cigarettes in the trunk of the automobile.
State v. Worley, Mo.Sup., 383 S.W.2d 529, 534; State v. Martin, Mo.Sup., 347 S.W.2d 680; State v. Green, Mo.Sup., 292 S.W.2d 283; State v. Egan, Mo.App., 272 S.W.2d 719.
Appellant has no standing to complain of the search of the automobile. It was not owned by appellant and was being driven by Seymour. Appellant's contention is without merit.
Appellant complains of a portion of the prosecuting attorney's argument to the jury. The argument complained of is as follows:
* * *'
Of course, 'it is improper for a prosecuting attorney to express to the jury in argument his belief of the defendant's guilt in such way that it implies knowledge on his part of facts not in evidence pointing to the defendant's guilt.' State v. Lenzner, 338 Mo. 903, 905--906, 92 S.W.2d 895, 896. However, the State v. Williams, Mo.Sup., 419 S.W.2d 49, 51; State v. Clark, Mo.Sup., 412 S.W.2d 493, 497. The trial court took firm and corrective action. We do not find an abuse of discretion.
The judgment entered by the trial court reads as follows:
'Now on this 29th day of June, 1967, comes Zane H. White, prosecuting...
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State v. Fields, 54003
...to him nor was in his possession, he would have no standing to raise the issue of an alleged illegal search and seizure, State v. Taylor, Mo., 429 S.W.2d 254, and this may have been the reason that no motion to suppress was filed. On the other hand, if it is appellant's position that there ......
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State v. Thompson
...that defendant was not entitled to raise the issue of illegal search. See State v. Edmonds, 462 S.W.2d 782(1) (Mo.1971); State v. Taylor, 429 S.W.2d 254(1) (Mo.1968); State v. Pruett, 425 S.W.2d 116(6) (Mo.1968); State v. Worley, 383 S.W.2d 529(13) (Mo.1964); and State v. Martin, 347 S.W.2d......
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State v. Edmonds
...not entitled to raise the issue of an illegal search of the automobile of someone else. State v. Booker, Mo., 454 S.W.2d 927; State v. Taylor, Mo., 429 S.W.2d 254. He was not charged with an offense of which the claim of the right of possession of the automobile proved or tended to establis......
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State v. Booker, 54623
...apply only to the owner or to one in possession of the premises or property.' State v. Worley, Mo., 383 S.W.2d 529. See also State v. Taylor, Mo., 429 S.W.2d 254; State v. Martin, Mo., 347 S.W.2d 680; and State v. Green, Mo., 292 S.W.2d 283. Defendant has no standing to complain of the sear......