State v. Williams, 37641
| Decision Date | 09 November 1976 |
| Docket Number | No. 37641,37641 |
| Citation | 545 S.W.2d 342 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Lonnell WILLIAMS, Defendant-Appellant. . Louis District, Division Three |
| Court | Missouri Court of Appeals |
Scott Richardson, St. Louis, for defendant-appellant.
John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., George A. Peach, III, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.
Defendant was convicted of the second degree murder of Dan Rogan and sentenced to life imprisonment. On appeal, defendant charges that the trial court erred: 1) in overruling defendant's motion for judgment of acquittal; 2) in refusing to give an excusable homicide instruction; 3) in restricting cross-examination of a State's witness. We find no error and affirm the judgment.
A friendly kiss placed by defendant on the cheek of Jackie Rogan, Dan Rogan's estranged wife, triggered Rogan's death. Defendant and a couple of friends stopped by Jackie Rogan's parents' house in St. Louis where a family soiree was in progress. Dan Rogan was also present, visiting Jackie. As defendant walked on the front porch, he paused to kiss Jackie lightly on the cheek or forehead. Rogan took umbrage over defendant's action and became bellicose. A brief struggle ensued between defendant and Rogan during which no blows were struck. Defendant departed but soon returned with two friends. The State's and defendant's evidence sharply diverge as to what next occurred. State's witnesses testified that as defendant approached the house on his return, he was brandishing a pistol; that Dan Rogan came out of the house, unarmed, shouting at the defendant, 'kill me, kill me'; that defendant then fired two shots at Dan Rogan, one striking him over the eye and inflicting a mortal wound.
Defendant's version of the occurrence is that he returned to Jackie Rogan's parents' house ostensibly for the purpose of extending his apologies; that as he approached the house, Dan Rogan came running at him with his hands behind his back, threatening to kill defendant; that defendant hastily retreated, firing his pistol twice into the air as a self-defense measure intending only to frighten Rogan; that somehow one of the bullets struck Rogan in the eye.
At the State's behest, the jury was instructed on first and second degree murder. Defendant's self-defense instruction was also given, but his request for an excusable homicide instruction was denied.
Defendant first contends that the trial court erred in overruling his motion for judgment of acquittal. Our decision leading to this point is directed by the fundamental legal rubric that we view the evidence in the light most favorable to the State, accepting as true all evidence which tends to prove defendant's guilt and disregarding all contrary evidence. State v. Harris, 539 S.W.2d 617 (Mo.App.1976). Our task is thus to ascertain whether there was circumstantial evidence of each element of the offense for which defendant was found guilty--in this case, second degree murder--so that the jury in weighing the evidence could legitimately reach the verdict rendered. A review of the evidence fails to reveal any error by the trial court in overruling defendant's motion for acquittal.
Murder in the second degree is established by proving that the killing of a human being was willful, premeditated and with malice aforethought, with malice presumed from the intentional killing with a deadly weapon. State v. Booth, 515 S.W.2d 586 (Mo.App.1974). Although the evidence indicates that the victim may have initiated the dispute leading to his demise, the defendant's conduct and later returning to the scene of the initial dispute, displaying a loaded pistol, is sufficient to establish the willfulness and premeditation. Defendant's assertion of self-defense presented a jury question resolved against defendant. Defendant's argument that the killing was in self-defense as a matter of law is refuted by the evidence that defendant returned to the scene of the argument, armed and accompanied by two companions while the victim was unarmed. We conclude that there was sufficient evidence to support the jury verdict of second degree murder.
Defendant also suggests that the trial court erred in failing to instruct on excusable homicide. At defendant's request, the jury was instructed on justifiable homicide, but the evidence here does not permit the giving of the inconsistent instruction of excusable homicide. 1 The defendant's contention is that he lawfully fired his gun into the air in self-defense with one of the bullets accidentally striking Dan Rogan in the eye. Thus, defendant's argument rests on the theory that he shot in self-defense. It was therefore unnecessary for the trial court to submit an excusable homicide instruction, for if the jury...
To continue reading
Request your trial
-
State v. Milentz
...in the commission of an unlawful act, it would be proper to deny defendant an excusable homicide instruction. State v. Williams, 545 S.W.2d 342 (Mo.App.St.L.Dist.1976); State v. Merritt, 540 S.W.2d 183 (Mo.App.1976); State v. Smith, 539 S.W.2d 571 Defendant's next contention is that the tri......
-
State v. Merritt, 51389
...be entitled to an instruction, defendant must have acted voluntarily and intentionally in defense of his brother. See State v. Williams, 545 S.W.2d 342, 344 (Mo.App.1976). In support of his contention, defendant argues that his testimony met the burden of injecting the issue of justifiable ......
-
State v. Zweifel
...It has been repeatedly held that self-defense and accident are mutually inconsistent. State v. Randolph, supra; State v. Williams, 545 S.W.2d 342 (Mo.App.1976). Certainly this is true where a dangerous weapon is involved, for either the defendant intentionally used the weapon (self-defense)......
-
State v. Laptad, 11135
...accidental discharge of a gun need only be given if there is evidence in the case that the gun discharged by accident. State v. Williams, 545 S.W.2d 342 (Mo.App.1976). There is no evidence in the record that the gun fired by defendant was accidentally discharged. On the contrary, the facts ......