State v. Tuttle

• Decision Date: 02 February 1917
• Docket Number: No. 20006.,20006.
• Citation: 192 S.W. 459
• Parties: STATE v. TUTTLE.
• Court: Missouri Supreme Court

192 S.W. 459

STATE v. TUTTLE.

No. 20006.

Supreme Court of Missouri, Division No. 2.

February 2, 1917.

Appeal from Criminal Court, Greene County; Arch A. Johnson, Judge.

Charles P. Tuttle was convicted of assault with intent to kill, and he appeals. Affirmed.

Upon an information charging him with the crime of assault with intent to kill one Otto Lippman, defendant was tried in the criminal court of Greene county, found guilty, and his punishment assessed at nine months' imprisonment in the county jail, and a fine of $500. Defendant has duly appealed.

The evidence upon the part of the state tends to support the following facts: The assault occurred in the Kirby Arcade at Springfield, about 9:30 p. m., November 11, 1915. Just before the occurrence the defendant and his counsin Al Tuttle were in the Kinsella Saloon nearby. Al was so much under the influence of intoxicants that the saloon keeper refused to sell him further drinks, and requested defendant to take the intoxicated man home. Mr. Kinsella stepped out in front of his saloon and the prosecuting witness, Mr. Lippman, came by and they began conversing about Lippman's bird dog. Lippman was a member of the police force of the city of Springfield, acting in the capacity of a plain clothes detective. At this time defendant came up and called Lippman a vile name and accused him of unfair treatment. After some conversation Lippman told defendant that he could not talk to him that way, and shoved him away with his left hand. Defendant then drew a revolver, and Lippman grabbed Al Tuttle by the coat and held him between defendant and himself while the defendant, reaching over and around Al Tuttle, fired four shots with his pistol, wounding Lippman in three places, the most serious one was a shattered bone in Lippman's right arm. Lippman had a revolver in his right hip pocket, but none of the state's witnesses saw him make any effort to draw his revolver during the encounter. Two witnesses testified that a few months before, defendant had threatened to kill Lippman. There was evidence that Lippman and the defendant were not on speaking terms just prior to this occurrence.

The testimony on the part of the defense tended to establish the following facts: Defendant in his own behalf testified that just as he and Al came up even with Lippman Lippman said in a "sneery way," "Hello there, Charley; how's the girl?" To which defendant replied, "You done me dirty, didn't you?" Thereupon Lippman stepped toward defendant and said, "What you say?" and defendant replied, "You done me dirty." Lippman then said, "You can't talk to me that way," and "went after his gun and I fired." Defendant, testifying further, said: "I seen the gun; seen the handle to it." Defendant says h...