State v. West, 57237
| Decision Date | 11 December 1972 |
| Docket Number | No. 57237,No. 2,57237,2 |
| Citation | 487 S.W.2d 572 |
| Parties | STATE of Missouri, Respondent, v. Emiel E. WEST, Appellant |
| Court | Missouri Supreme Court |
John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.
A. L. Shortridge, Joplin, for appellant.
This is an appeal by Emiel E. West (hereinafter defendant) from a judgment sentencing him to imprisonment for a term of six years upon his conviction by a jury as an habitual criminal for the felony of uttering a forged check. Secs. 561.011 and 556.280, RSMo 1969, V.A.M.S. This appeal was pending in this court prior to January 1, 1972, and we retain jurisdiction to make final disposition of the case pursuant to 4, § 31, 1970 amendment to Article V, Constitution of Missouri, V.A.M.S.
Defendant's sole point before us is that the evidence was insufficient to support the verdict, to-wit: a) the conviction is based on mere conjecture, and b) there is no substantial evidence that defendant uttered and forged a check knowingly and with intent to defraud. We hold the evidence sufficient and affirm.
On November 15, 1970, Floyd DeWeese, owner and operator of Slim and C's Package Store in Jasper County, Missouri, received a check from defendant in the amount of $27.50. DeWeese had known defendant for 20 to 25 years and accepted the check when defendant asked if DeWeese would 'take a check on his brother', Jay C. West. The check was purportedly signed by Jay C. West, payable to defendant, Emiel E. West, and was on a printed form indicating it was to be drawn on the Merchants and Miners Bank of Webb City, Missouri. Defendant endorsed the check, whereupon DeWeese delivered to him one six-pack of beer and the balance of the check's amount in cash.
DeWeese received the check, unpaid, two weeks later from the bank. The check was delivered, with other unrelated, unpaid checks, to the Webb City Police in January, 1971.
At trial defendant's brother, Jay Clyde West, testified that he owed his brother no money. He stated that he signs his checks 'Jay West' rather than 'Jay C. West' and did not sign the check presented to DeWeese. The witness testified he does not use blank checks such as the one accepted by DeWeese, but uses personalized checks which display his name and address in print. Jay at no time gave a blank check to defendant nor did he authorize defendant to sign 'Jay C. West' on a check causing it to be payable by Jay West.
The defendant rested after the state's case wthout offering evidence.
The first time of defendant's argument is that the verdict is based on conjecture and therefore without support of substantial evidence. Defendant argues that Jay West testified that "to the best of his knowledge' he did not sign the check.' A careful reading of the transcript shows that the prosecutor questioned Jay West as to whether this signature appeared on the check. He answered that it did not. Later, another question was asked by the prosecutor: 'To the best of your knowledge, Mr. West, did you sign that check?' The answer was an unqualified 'No' to the qualified question.
Jay West plainly answered that he had not signed the check. The reference to an isolated question, taken out of...
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State v. Bollinger
...the jury in finding that the check was a forged instrument and that defendant, at the time he cashed it, knew that fact. State v. West, 487 S.W.2d 572, 574 (Mo.1972); State v. Whitley, 512 S.W.2d 840, 842-843 (Mo.App.1974); State v. Gantt, 504 S.W.2d 295, 299-300 Defendant's first point has......