State v. Waller
| Decision Date | 12 October 1964 |
| Docket Number | No. 50124,No. 1,50124,1 |
| Citation | 382 S.W.2d 668 |
| Parties | STATE of Missouri, Respondent, v. Charles WALLER, Appellant |
| Court | Missouri Supreme Court |
Thomas F. Eagleton, Atty. Gen., Howard L. McFadden, Asst. Atty. Gen., Jefferson City, for respondent.
Charles Waller, pro se.
WELBORN, Commissioner.
This is an appeal from a judgment denying relief to appellant in a proceeding under Supreme Court Rule 27.26, V.A.M.R. The motion to vacate, filed in the Wayne County Circuit Court, sought to set aside a judgment and sentence entered by that court on April 26, 1954, on appellant's plea of guilty to a charge of murder in the second degree. The sentence imposed was imprisonment for a term of 50 years. After a hearing on the motion, the circuit court found the issues against the appellant and this appeal ensued.
The motion in this case was apparently prepared by the appellant himself. However, he was represented at the hearing by counsel of his choosing who withdrew prior to the perfection of this appeal. The hearing in the circuit court was directed at two allegations of the motion: That the plea of guilty was secured by fear and trickery and that a statement taken from the appellant was induced by coercion. Evidence was heard on both of these issues. However, inasmuch as appellant's conviction was on a plea of guilty, the circumstances of the statement or confession are not material in this proceeding.
The evidence at the hearing showed that the offense for which appellant was convicted occurred on January 9, 1954. The victim was Odie Eaton, a tavern proprietor. Appellant and his brother were drinking at the tavern. An argument arose between Eaton and the appellant. Eaton threatened appellant with a blackjack and appellant's brother persuaded the appellant to leave the tavern. Appellant walked to his home approximately one-half mile from the tavern, procured a shotgun, walked back to the tavern and shot through the window, inflicting the fatal wound on Eaton. The trial court found that the shooting occurred some 45 minutes after appellant left the tavern.
Appellant was arrested shortly after the shooting and taken to the county jail in Greenville. On the same night, appellant gave the arresting officers an account of the shooting which was reduced to writing and signed by appellant and in which he admitted the shooting. According to the sheriff who participated in the arrest, appellant 'had been drinking, yes, but I have seen people a lot drunker.'
On February 17, 1954, Roy W. McGhee, Jr., Prosecuting Attorney of Wayne County, filed an information in the Wayne County Circuit Court, charging appellant with murder in the first degree.
J. Ben Searcy, an able and experienced member of the Shannon County Bar, was employed by appellant's family to defend appellant. At the hearing on the appellant's motion, Mr. Searcy was called as a witness by the appellant. According to Mr. Searcy, he investigated the circumstances of the homicide and concluded that defense against the charge of murder in the first degree would be very difficult. Mr. Searcy represented appellant on his preliminary hearing and thereafter discussed the case with the prosecuting attorney. The prosecuting attorney originally refused to consider reduction of the offense charged, but, early in April, 1954, he did agree to reduce the charge to murder in the second degree and to recommend a 50-year sentence if a plea of guilty was entered to that charge. Mr. Searcy discussed this proposition with appellant, who remained in the county jail until his sentencing. Mr. Searcy also addressed to appellant a lengthy letter in which he explained to the appellant the punishment for murder in the first degree and possible defenses to that charge. In the letter, Mr. Searcy further stated:
On April 26, 1954, the prosecuting attorney amended the information to charge the appellant with murder in the second degree. Thereupon, appellant, with Mr. Searcy present, entered a plea of guilty to that charge and was sentenced to 50 years' imprisonment.
The appellant testified in his own behalf. According to him, Mr. Searcy visited him only twice while he was confined in jail. He saw him once a few days after his arrest and at the preliminary hearing when, according to appellant, Searcy told him: ...
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