250 Mo. 375 | Mo. | 1913
The evidence for the State tended to show that on October 7, 1911, about 5 :20 p. m., defendant boarded a street car near Sixth street and Franklin avenue, in St. Louis. The car was of the type known as the “pay-as-you-enter,” and was in charge of Harvey L. Fortner, as conductor, and he was standing at the time just inside the car, near a small opening or window through which the passengers would reach and drop their fare into a receptacle therefor inside the car.
The conductor had a “money changer,” containing about eleven dollars, fastened in front on the outside of his clothing. This was a metal contrivance containing change for the use of the conductor in making change for the passengers, so that they could deposit the proper fare, The defendant did not offer to pay his fare, but took a standing position against the back rail of the rear platform. On the evening in question the car was somewhat crowded, and eight or ten persons were standing on the rear platform. About the time defendant boarded the car several other persons got on, among them being a lady and an old man. As the lady paid her fare, she pointed the defendant out to the conductor, and said that he, the defendant, had tried to grab her purse. The next passenger to pay his fare was the said old man, and while the conductor, as the latter testifies, was in the act of changing a one-dollar bill for the old man, he saw defendant put his hand in the old man’s pocket. Just after this the conductor said, “Has anybody lost anything?”
The above facts were testified to by the conductor, who was corroborated by three witnesses who were passengers on the car at the time and in a position to see what took place.
The defendant did not take the witness stand, but a witness named King testified in defendant’s behalf that he was a passenger and on the back platform of the car at the time, and that the conductor accused defendant of being a pickpocket, whereupon the defendant said “that is an insult,” and struck the conductor with his right hand. The witness further testified that he did not see the defendant grab for the conductor’s money changer at any time.
“If while the accused was engaged in the commission of the alleged robbery he also committed another offense, the whole transaction is usually admissible as a part of the res gestae, notwithstanding the fact that the evidence also shows the commission of such other offense.”
The admission of the testimony complained of did not constitute error.
The instructions given fully and fairly declared the law applicable to the case, and are free from error. The judgment is affirmed.
PER CURIAM. — The above opinion of Williams, C., is adopted as the opinion of the court.