State Missouri v. Floyd Delorace Pope Book Reviews

State Missouri v. Floyd Delorace Pope by Supreme Court of Missouri Division 2 Book Summary

Defendant was tried on an amended information for first degree robbery and found guilty by a jury. The court found, apart from the jury, § 556.280, that he had been convicted, sentenced and imprisoned on four charges of robbery in the State of Illinois, the sentences having run concurrently. Thereupon, after considering and overruling a motion for new trial, the court sentenced defendant to a term of fifteen years in the penitentiary. Since no brief is filed here, we consider such assignments of the motion for new trial as are sufficient, and those parts of the record required by Criminal Rule 28.02. One such assignment raises the sufficiency of the evidence to sustain a conviction, hence we state the facts. In view of the verdict, we state them favorably to the State. Edward Dugan, a truck driver on local runs in St. Louis, had gotten off work at about 9:30 p.m. on December 13, 1961; thereafter he visited a ""few bars"" drinking beer, leaving the last one at some time around 12:30. As he drove along Washington Avenue on his way home (apparently in the 4400 block) he felt, as he stated, a need to ""relieve"" himself, so he turned into a dead end alley about 75 feet in length; he drove along this for about 50 feet, and turned his car to the left into a vacant lot or yard, so that he might back out when his mission was concluded. His left door glass was down; just as he was starting to get out of his car, a man appeared on his left, put his hand on his shoulder and asked if he had identification; this man also asked what he was doing there. Dugan answered the latter inquiry very directly; following a few further remarks of no particular consequence, Dugan took out his wallet to show his identification. At this point the man (later identified as this defendant) reached for Dugan's wallet and he, Dugan, threw it on the floor, supposedly under the front seat. Thereupon the man opened the door and got partially into the car (or leaned in over Dugan) ""and was wrestling"" with Dugan, obviously for the possession of the wallet; this man was then more or less on top of Dugan. At about that stage of the proceedings ""another colored fellow"" walked up and when Dugan saw him, he (Dugan) ""just quit fighting * * * just gave up and let him take the wallet and money."" The entire context indicates that the first man, the one who was ""wrestling,"" was the one who took the wallet; in fact, Dugan testified directly that this defendant was the one who had his wallet, and that he saw it in his hand. The other man, after the first one had gotten the wallet, ""stood there and hit me about five times in the forehead"" with his ""hand and knuckles."" Money in an amount between $120 and $130 was taken from the wallet which was then thrown back into the car. The man who got the wallet was larger than Dugan. The two men then conversed briefly and told Dugan to ""get the hell out of there"" and not to come back. At some point in this sequence of events, Dugan had seen a woman standing about 30 feet away beside a building. Dugan testified that he got a good look at defendant's face as the latter stood outside the car after the robbery, that he was not masked and that there were lights in the area, possibly surrounding street lights; also that he noted that this man was wearing an earring in his left ear. Dugan, immediately thereafter, drove until he found a police car in the neighborhood and returned to the scene with the officers; he testified that he was not familiar with the neighborhood. They found no one upon their return. One of the officers testified that there were ""floodlights"" in the rear of at least one building at the scene, and he thought also on others.

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State Missouri v. Floyd Delorace Pope (Supreme Court of Missouri Division 2) Book Reviews 2024

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