State Missouri v. Thomas Huffer Book Reviews

State Missouri v. Thomas Huffer by Kansas City District Missouri Court of Appeals Book Summary

Defendant was convicted of common assault and sentenced to six months in the Buchanan County jail and a fine of $100.00. He
has appealed to this court but has filed no brief. Since this appeal was submitted before the amendment of Criminal Rule 28.02,
V.A.M.R., effective September 1, 1967, we will review the case under the provisions of such rule prior to amendment and will
consider those points properly raised in defendant's motion for new trial, together with those matters required to be reviewed
whether raised or not. The events out of which this charge grew began about 5:15 P.M., on Sunday evening, May 16, 1965. Two cruising police officers
of St. Joseph, Missouri, were stopped for a red light when they observed an approaching car being operated in an erratic manner.
It pulled into and parked in a parking lot of a laundry and dry cleaning establishment and the officers followed and parked
their car beside it. The officers determined that the car belonged to one Louis Mules and was being driven by an unauthorized
person. The officers attempted to get word to Mules or his family and after about fifteen minutes, his stepfather arrived.
The stepfather discussed the situation with the officers but declined to take the car away. After a further wait of ten to
fifteen minutes, Louis Mules and the defendant, Thomas Huffer, half-brother of Mules, arrived on the scene. Mules had been
drinking and, with considerable profanity, immediately demanded in a loud voice to know about his car and who had stolen it.
He repeatedly stated that no one was going to tow his car and no one beside himself was going to drive it. He refused to listen
to either officer Hayes or his stepfather, both of whom tried to calm him down and repeatedly explained that the car was not
going to be towed away. After this had gone on for a while, Mules started toward his car and officer Hayes intercepted him
and told him he was under arrest for being drunk and for disorderly conduct. Mules then struck officer Hayes in the face,
telling Hayes that he (Hayes) was not going to move his car.

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