State Missouri v. Junior Ernest Gibson Book Reviews

State Missouri v. Junior Ernest Gibson by Supreme Court of Missouri Book Summary

Junior Ernest Gibson, charged with assault on Minnie Gibson with intent to kill with malice aforethought, was convicted by a jury which assessed his punishment at two years' imprisonment. Sentence and judgment were rendered accordingly. § 559.180, RSMo 1969. (Appeal taken prior to January 1, 1972.) Appellant does not question the sufficiency of evidence to sustain his conviction; and the evidence would permit the jury to find: that on May 18, 1970, at approximately 10 p.m., Minnie Gibson, estranged wife of defendant, left a tavern in St. James, Missouri, with Buster Farrell and Bobby Hopkins; that they got into Mrs. Gibson's automobile and left St. James, driving toward Highway U and the Interstate 44 overpass north and east of St. James in Phelps County; that as she drove along her route, she noticed the blinking lights of a following automobile; that she thought someone was trying to stop her in connection with the needs of Bobby Hopkins's pregnant wife; that she made a left turn, crossed the overpass onto U, and pulled over to the right-hand side of the road and stopped; that when she stopped, the following car stopped behind her; that Bobby Hopkins left Mrs. Gibson's car, went back to the following car, and was shot to death by defendant; that Buster Farrell then went back to the following automobile and also was shot to death by defendant; that she remained in her car and defendant came to her car and fired one shot through the window into her face and one shot into her chest; that, although wounded, she was able to drive to a nearby house to get help. Such evidence made a case of assault with intent to kill with malice aforethought. § 559.180, supra. Defendant's version was that he saw Minnie's car parked at the bar in St. James and he stopped to obtain evidence for his divorce suit then pending against Minnie; that when Minnie and her companions left, he followed; that when he saw they were not returning to town, he passed them and drove on toward the overpass; that Minnie then passed him and, when he arrived at the overpass, he saw Minnie's car and that she and her companions were out of the car blocking his way; that when he stopped behind her car and got out, the two men rushed him and knocked him against his car; that he then reached into his car, got his gun, and started shooting, killing both men; that Minnie got into her car and he thought she was reaching for a gun, so he shot her; that he went to his parents' home and reported the shootings to the authorities; that threats had been made previously on his life by Minnie and Buster. This version was the foundation for an instruction on defendant's right of self-defense by way of reasonable cause to apprehend a design by Minnie Gibson to kill or harm defendant.

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