State v. Vest

Decision Date06 January 1914
Citation162 S.W. 615,254 Mo. 458
PartiesSTATE v. VEST.
CourtMissouri Supreme Court

Appeal from Circuit Court, Holt County; William C. Ellison, Judge.

Frank Vest was convicted of second degree murder, and appeals. Affirmed.

Under a prosecution for murder in the first degree, defendant was convicted of murder in the second degree, and his punishment assessed by the jury at 10 years in the penitentiary. He is a farmer 26 years of age, living on a farm where he was born and has lived continuously. At the time of the tragedy he had been married about four years. He had one child about two years old. The wife and boy had both been sick, and were convalescent; the wife being able to do part of the housework. She was assisted by Pearl Barker, a girl of about 20 years of age, who had been reared in the neighborhood, and who had been with this family for about five weeks. Guy Stanley, the deceased, was a young man "big and strong" who had been employed on the farm for several months; he had been reared in the community. He was addicted to excessive drinking. The defendant used intoxicants, but the evidence does not show that he became intoxicated. The defendant and the deceased were congenial, going out together on trips to town. The killing occurred on Sunday, December 3, 1911, at about 7:30 in the evening.

Glenn Burge, a 16 year old boy and cousin of the defendant, testified that in watermelon time, prior to the killing, Stanley told him, in language not proper to quote here, that he was going to have sexual intercourse with the wife of the defendant, and that, if the defendant came in, there would be a shooting match, and that the deceased made a similar statement in the potato patch when they were digging potatoes, and also testified that the deceased was in the habit of carrying a revolver.

Bert Stewart testified that about a week before the killing he was going to town with the deceased in a buggy, and that he told Stanley that if he was bothering Mrs. Vest any he had better go away from there, or he would get his head shot off, and that Stanley fired five shots from his revolver and said that was a game two men could play at. There was evidence tending to impeach the reputation of this witness. Neither of those witnesses told any one about what the deceased told them until after the killing.

Glenn Burge and Pearl Barker testified that on Friday evening before the killing, in the absence of defendant, in the kitchen of the Vest home, and while Mrs. Vest was in the adjoining room, Stanley came in intoxicated, having a pistol, indulged in vulgar talk, said that he could have sexual intercourse with Pearl Barker, and made other offensive statements. The evidence tended to show that this language of the deceased was overheard by Mrs. Vest. The evidence does not show where either the defendant or Stanley stayed all night that night. After the scene in the kitchen, Stanley left, and Mrs. Vest testified that Pearl Barker took charge of the pistol. On Saturday the defendant and Stanley drove together to the town of Craig, returning about 10 o'clock that night. Mrs. Vest and Pearl Barker testified that Stanley was drunk and came into the room where they were in bed together, while the defendant was in the kitchen, and that he lay down across the foot of their bed and pinched their limbs. They made him get up, and told him to go to bed. He got up, but lay down on the floor in their room; and the defendant had some difficulty in getting him to bed in the adjoining room. About 9 o'clock Sunday morning, the defendant and Stanley left home afoot to go to Bigelow, about three miles distant. Stanley returned to dinner. The defendant took dinner at the home of Ed Burge, his uncle, about three-quarters of a mile distant. There were several visitors at the Vest home that Sunday afternoon, including a neighbor, Mrs. Smith. There was some card playing, and the time appeared to be pleasantly spent as to all parties concerned, including Mrs. Vest, Pearl Barker, and Stanley. Mrs. Vest and Pearl Barker testified that during the afternoon Stanley in a jocular way spoke of having pinched them the night before, and that he acted like he was going to pinch Mrs. Smith; that she said for him to behave himself, saying that she was too old a lady for him to be fooling around. About 6 o'clock every one left the Vest home, except Mrs. Vest, the baby, and Stanley. Just after dinner that day, the defendant, his uncle, and Lester Burge, his cousin, drove across the river to Fargo, Neb., and were about 20 minutes in a saloon where they drank a beer. Lester Burge testified that they got back from Fargo and he took Vest in a buggy to Vest's home, letting him out at the gate about one-eighth of a mile from defendant's house, about 7 o'clock; that as they parted, defendant in a jocular way said, "I have blood in my eye." Alex Cunningham testified that he heard the defendant make the same statement while on the road that night. After leaving the defendant at his farm gate, Lester Burge drove back home, and was putting up his horse when a phone message was received at the Burge home from Vest, calling them down to the Vest home. Just at that time Pearl Barker and Lee Blevins, who had gone to church together in a buggy, finding there were no church services, reached the Burge home. They and Mr. and Mrs. Burge drove hastily in the same buggy to the home of the defendant. Defendant was at the yard gate, about 30 feet from the house, with a magazine shotgun in his hand. They found deceased lying on the floor of his bedroom, in great agony. He was placed on the bed. The defendant had telephoned for a doctor and for the deputy sheriff to bring the coroner. Dr. Hogan reached there about 8 o'clock. He testified that he found two or three gunshot wounds in the back about the seventh rib, on the right of the spine, and two or three inches apart, both indicating that the discharge of shot had gone straight into the lungs. There was another wound in the middle third of the left arm, and indications that the shot were in the flesh of the shoulder. All the wounds were about the size of a silver dollar, and were made by a shotgun. He saw the bedclothes lying on the bed; one of the bed covers was white; there were holes through the bedclothes corresponding to the wounds on the body. Dr. Hogan stated that the white bed cover was powder stained, and another witness testified that the holes in the bed covers were nearer one end than the other. The doctor stated that a few minutes after he arrived Stanley told him that he had been shot to death. Morphine and atrophine were administered hypodermically to relieve his sufferings. The doctor testified that from about an hour after being given the medicine the sufferer would be at times unconscious, but, when roused and asked a question, would come to himself and seem to speak in a rational way; and that his condition remained such until some time next forenoon. Several witnesses testified to the same effect. The next morning he stated that if blood poison did not set up, and they would take good care of him, he would get well.

The witness Adams testified that he got to Stanley's bedside early in the night, and asked him if he realized his condition, to which Stanley answered that he was "shot all to hell." Witness said to him, "Guy, they tell me you can't live but a little while," to which Stanley answered "I hate to quit in the middle of the game." During the night he said that he was "about all in," and said to his brother and sister that they would soon have no brother.

Tom Bridgeman said to him, "Guy, what was the trouble between you and Frank?" He said, "There wasn't any trouble." Then he asked about insulting his wife, and Guy said, "Nothing more than pinched her leg."

Adams further testified that Bridgeman asked Stanley how Frank came to shoot him, and he said, "Frank came to the door and says `Guy, I am going to shoot you,' or `kill you,' and...

To continue reading

Request your trial
25 cases
  • State v. Davis
    • United States
    • United States State Supreme Court of Missouri
    • July 11, 1935
    ...of deceased aided by suggestions of another. State v. Johnson, 118 Mo. 501, 24 S.W. 229; State v. Barnes, 204 S.W. 264; State v. Vest, 254 Mo. 468, 162 S.W. 615; State v. Colvin, 226 Mo. 482, 126 S.W. 448; State v. Parker, 172 Mo. 201, 72 S.W. 650; State v. Nocton, 121 Mo. 537, 26 S.W. 551;......
  • State v. Creighton
    • United States
    • United States State Supreme Court of Missouri
    • August 29, 1932
    ...(Mo.), 23 S.W. (2d) 87, 91; State v. Stenzel (Mo.), 220 S.W. 882, 884; State v. Fletcher (Mo.), 190 S.W. l.c. 322; State v. Vest, 254 Mo. 458, 468, 162 S.W. 615, 620; State v. Gartrell, supra, 171 Mo. l.c. 522, 71 S.W. l.c. 1055; State v. Inks, 135 Mo. 678, 692, 37 S.W. 942, On the other ha......
  • State v. Davis
    • United States
    • United States State Supreme Court of Missouri
    • July 11, 1935
    ...it was an expression of hope that he would be relieved of his suffering. [State v. Evans, 28 S.W. 8, 124 Mo. 397.] In the case of State v. Vest, 254 Mo. 458, l. c. 468, S.W. 615, we said: "There was no error in admitting evidence as to the dying statements. They were made when all hope of l......
  • State v. Creighton
    • United States
    • United States State Supreme Court of Missouri
    • August 29, 1932
    ...Perno (Mo.), 23 S.W.2d 87, 91; State v. Stenzel (Mo.), 220 S.W. 882, 884; State v. Fletcher (Mo.), 190 S.W. l. c. 322; State v. Vest, 254 Mo. 458, 468, 162 S.W. 615, 620; State v. Gartrell, supra, 171 Mo. l. c. 522, 71 l. c. 1055; State v. Inks, 135 Mo. 678, 692, 37 S.W. 942, 946. On the ot......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT