State v. Williams, 51153
| Citation | 391 S.W.2d 227 |
| Decision Date | 14 June 1965 |
| Docket Number | No. 1,No. 51153,51153,1 |
| Parties | STATE of Missouri, Respondent, v. Wilbert Benjamin WILLIAMS, Appellant |
| Court | United States State Supreme Court of Missouri |
Norman H. Anderson, Atty. Gen., Thomas J. Downey, Asst. Atty. Gen., Jefferson City, for respondent.
HIGGINS, Commissioner.
Appeal from an order overruling appellant's motion to vacate judgment and sentence under Criminal Rule 27.26, V.A.M.R.
On January 30, 1954, Wilbert Benjamin Williams pleaded guilty to a charge of robbery in the first degree and was sentenced to imprisonment in the penitentiary for a term of twenty-five years. Section 560.135, RSMo. 1959, V.A.M.S.
On January 25, 1954, at approximately 2:25 P. M., Wilbert Benjamin Williams and Marvin Harold Howard entered the Farmers & Merchants Bank in Wright City, Warren County, Missouri. Appellant was carrying a .25-caliber automatic pistol and his companion was carrying a 20-gauge sawed-off shotgun. They ordered four bank employees and three customers into the vault and closed the door on them. They then put $21,797.50 into a bag, ran to their automobile and sped east on U. S. Highway 40. They were stopped and arrested by the state patrol several miles south of Wentzville, and were taken back to the bank where they were identified as the persons who robbed the bank a short time earlier.
Appellant contends that the judgment and sentence should be set aside because 'Defendant was denied due process and the equal protection of law * * *.' He gives six reasons in support of his contention, which are:
'1. * * * there was no thorough determination of his capabilities to adequately and clearly understand the law of the case, that is, he was not advised of the various defenses available to him; the Court made superficial inquiries as to appellant's schooling * * * which plainly showed that he was not qualified to conduct his defense * * *. The Court did not judicially determine whether or not defendant intelligently waived his right to counsel; * * * it then became the duty of the Court to protect defendant's rights * * *.'
'5. * * * that an involuntary plea of guilty cannot be used to obtain a conviction * * *.'
Contrary to the contention made in reason 3, the trial court filed the transcript of proceedings required by Criminal Rule 29.01 (b), V.A.M.R.; and inasmuch as that transcript so completely contradicts and belies appellant's charges, we quote from it at length.
'EXAMINATION OF DEFENDANT BY THE COURT:
'Q Your name is Wilbert Benjamin Williams? A Yes, sir.
'Q How old are you? A 21. Q When is your birthday? A The 30th of November, '32.
'Q Where do you live? A St. Louis County. Q Whereabouts? A Elmwood Park. Q What is your address? A Route 2, Box 375, Clayton 24, Missouri.
'Q Are you married or single? A Married. Q What does your family consist of? A Wife and three kids.
'Q How far did you go in school? A The 11th grade. Q That would be what, Junior in High School? A Yes, sir.
'Q Williams, you are charged in this Court with the offense of robbery in the first degree and you are charged to have, on January 25, 1954, in Warren County, Missouri, wilfully, unlawfully and feloniously, robbed, stole and take and carry away the sum of $21,797.50 of money from the Farmers and Merchants Bank of Wright City, Missouri, putting one Dorothy Williams in fear of some immediate injury to her person by means of a dangerous and deadly weapon, to-wit: a 25 calibre automatic pistol, and in which information it is also alleged that Dorothy Williams was an employee of this Farmers and Merchants Bank. Now do you understand the nature of the charge? Do you understand what you are charged with? A Yes, sir.
'Q If you were to enter a plea of guilty to the charge, or if you were to enter a plea of not guilty and were tried before a jury and found guilty, the punishment that would be assessed for this offense would range from not less than five years in the penitentiary to life imprisonment, or the death penalty. Do you understand what the range of the punishment is that might be assessed in this case? A Yes, sir.
'Q Under the law you are entitled to consult with friends or an attorney and the Court will give you a reasonable time to talk with friends or to consult an attorney if you desire to do so. Do you wish time to talk with some friends or do you wish time to employ an attorney? A No, I don't, Your Honor.
'Q If you are financially unable to employ an attorney, the Court will appoint an attorney for you who will advise with you and tell you what your rights are, and I will give such an attorney a reasonable time to talk with you and to prepare the defense of this case. Are you financially able to employ an attorney? Do you have the money to hire one? A No, sir.
'Q Do you want the court to appoint one for your? A No.
'Q You have discussed this case with any of your friends or relatives? A Yes, I have.
'Q You have completed the junior year in high school? A Yes, sir.
'Q Where do you work? A Well, we have had a small business of our own. I have been driving a truck for my mother for about the last six years. Q Who owns the business? A My mother does. Q What type of business is it? Is it just a hauling business? A Yes, sir. Q You mean you hire the truck---- A No, we have got a regular route that is supposed to be taken care of every day. Q What do you haul? A Trash and garbage. Q In doing that do you have to keep books and send bills out the first of each month? A Yes, sir. Q Who does that? A I have done some of it, and my mother. Q You have been able to keep books on this business of yours? A Yes, sir. Q Can you read and write? A Yes, sir.
'Q I will ask you again, you do not want to employ an attorney, is that correct? A That's correct. Q And you do not want the Court to appoint one to represent you? A That's correct. Q You want to now proceed with this matter without benefit of counsel, is that correct? A Yes, sir.
'Q Has the Prosecuting Attorney made any promise to you, if you were to plead guilty that any special treatment would be given you or any promise of immunity? A No, sir. Q Has the Prosecuting Attorney told you what he is going to recommend as punishment in this case? A No, sir. Q He has not indicated if you would enter a plea of guilty it would be easier on you? A No, sir.
'THE COURT: The Court finds that the defendant has intelligently waived the right to have counsel. Now the Prosecuting Attorney is going to read to you the information in this case which is the basis of this charge. I want you to pay careful attention to it.
'(Information read by Prosecuting Attorney Hoelscher.)
'THE COURT: Now Mr. Williams, you were taken before Judge Volkerding downstairs in this Courthouse building several days ago, were you, for a preliminary hearing? A I was taken before some Judge--I don't remember his name. Q And the charge was read to you, was it? A Yes, sir. Q And you were given the opportunity to consult with an attorney? A That's right. Q And you were told by the Prosecuting Attorney that you were entitled to have a preliminary hearing or that if you desired you could waive a preliminary hearing, is that correct? A That's correct.
'Q Were you also told that you could be brought up the next time that the Circuit Court was in session or that you could wait until the next term? A Yes, sir. Q And did you then tell the Prosecuting Attorney you wanted to be brought up as soon as you could? A That's right.
'Q You understood down there in the Magistrate Court that you had a right to have a hearing before anything was done about binding you over to this Court, is that correct? A That's correct.
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