State of Missouri v. Phillip Lamont Ransburg
2016 Mo. LEXIS 501
| Mo. | 2016Background
- Ransburg kicked in his ex-girlfriend’s locked trailer carrying a long stick (broom‑like).
- Inside, he charged at the other man "like a football player" holding the stick with both hands across his body; the man escaped into a bedroom before Ransburg reached him.
- After the man fled, Ransburg grabbed and punched his ex‑girlfriend and ran out with the stick.
- Ransburg was tried without a jury and convicted of, inter alia, second‑degree assault (attempt‑based, via dangerous instrument) and armed criminal action; he received concurrent prison terms.
- On appeal Ransburg challenged sufficiency of the evidence that he intended to use the stick as a dangerous instrument (for assault) and, derivatively, the armed criminal action conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove attempt‑based second‑degree assault by means of a dangerous instrument | Circumstantial evidence (breaking in, charging at victim with stick in both hands, attacking ex afterward) permits inference Ransburg intended to use the stick to cause serious injury | No direct evidence he meant to use the stick as a dangerous instrument; he did not swing or jab the stick at the man before the man escaped | Affirmed: sufficient circumstantial evidence to infer purpose to use stick as dangerous instrument; conviction upheld |
| Whether armed criminal action conviction is supported given assault sufficiency | Armed criminal action is predicated on assault; if assault is supported, armed criminal action follows | If assault fails for lack of evidence of dangerous‑instrument use, armed criminal action must fail | Affirmed: because assault conviction is supported, armed criminal action conviction is also supported |
Key Cases Cited
- State v. Vandevere, 175 S.W.3d 107 (Mo. banc 2005) (standard for sufficiency review in court‑tried cases)
- State v. Belton, 153 S.W.3d 307 (Mo. banc 2005) (view evidence and reasonable inferences in light most favorable to verdict)
- State v. Williams, 126 S.W.3d 377 (Mo. banc 2004) (attempt crimes governed by section 564.011)
- State v. Withrow, 8 S.W.3d 75 (Mo. banc 1999) (elements of attempt: purpose plus substantial step)
- State v. Lammers, 479 S.W.3d 624 (Mo. banc 2016) (intent usually proven circumstantially)
- State v. Hineman, 14 S.W.3d 924 (Mo. banc 1999) (mental state may be inferred from pre‑act, act, and post‑act conduct)