State Missouri v. James Henry Green Book Reviews

State Missouri v. James Henry Green by Southern District, Division Two Court of Appeals of Missouri Book Summary

Defendant, James Henry Green, was convicted by a jury of involuntary manslaughter and sentenced to 7 years pursuant to a jury recommendation. He appeals from that judgment and sentence in Case No. 15830. Defendant filed a Rule 29.15 motion seeking post-conviction relief. The 29.15 motion was denied without evidentiary hearing. Defendant appeals from the order and judgment denying the 29.15 motion. That appeal is Case No. 16747 and was consolidated with the direct appeal from defendant's conviction. The appeals will be dealt with separately in this opinion. Case No. 15830 Viewed in the light most favorable to the support of the jury verdict, the evidence in the case was as follows. Defendant lived with his mother Bertha Winget (hereafter Bertha). The victim, Willa Mae Lester (hereafter Mae), defendant's girlfriend, stayed with defendant in Bertha's home on occasion. Defendant, Mae, and Alphonso Penerman spent part of the daylight hours of October 16, 1987, drinking gin at Bertha's house. Alphonso left between 5:00 and 5:30 p.m. Bertha was at home all day but was not drinking. After Alphonso left, defendant and Mae continued drinking gin. Sometime after Alphonso left, Bertha heard defendant and Mae talking loud. Mae wanted to go home but defendant told her she was too drunk to go home. Bertha also said she ""guessed"" defendant and Mae were arguing, in part, because Mae had moved out for 4 days or so to ""Pinky Daniels"" house. While they were in the living room and arguing, Bertha saw defendant slap Mae with his hand. Later, defendant and Mae went to defendant's bedroom where they were heard to be continuing the argument. Bertha had a bedroom separate from where defendant and Mae slept. She went to bed about 8:30 p.m. because she wasn't feeling well. Later in the evening, defendant came to Bertha's bedroom saying, ""Mother, come here,' . . . 'Mae done had a heart attack or something."" Bertha went to the porch where Mae was lying with her head in the door and her feet out on the porch. Mae was wearing a sweater but was wearing nothing from the waist down. This occurred between 9:00 and 10:00 p.m.

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