328 S.W.2d 633 | Mo. | 1959
Defendant was convicted of robbery with a dangerous and deadly weapon, and of a prior felony; he was sentenced to life imprisonment, in accordance with the verdict. He was represented at the trial and is represented here by appointed counsel. Since only one point is briefed, we need not state the facts in detail.
The State’s evidence tended to show the following: that on January 22, 1957, in the City of St. Louis, defendant entered a small restaurant at 4900 Easton Avenue, threatened the proprietress with a butcher knife (she being alone), tied her hands, robbed the cash register and a drawer of approximately $100, and then proceeded to untie the victim and have intercourse with her in a back room under circumstances which would certainly indicate rape. The evidence of the latter phase of the occurrences came in without objection. Defendant was arrested on February 15, 1957. He was positively identified by the victim, and three city detectives testified that he admitted these acts in detail when confronted by the prosecutrix. The defendant testified that he did not remember any such occurrences, though he was able to give and did give many details of his past life for years prior thereto. His defense was insanity. On March 18, 1957, he was sent to the Malcolm Bliss Hospital in St. Louis for psychiatric evaluation, and its entire record was received in evidence. That record contained certain findings and notations indicating “mental deficiency,” some “evidence of schizophrenic thinking,” and an expressed opinion in a letter from an Assistant Resident Physician that the defendant did not “know right from wrong” at the time of the crime. There was a suggestion of malingering in other parts of the record. The entire court file of a previous criminal charge and trial was offered by defendant and admitted in evidence, without objection; this showed that on April 10, 1957, he was found not guilty of a charge of rape solely by reason of insanity, and that the jury there found that he had not “entirely and permanently recovered.” That crime was charged to have been committed on January 21, 1957, one day before the present offense, and that trial was held approximately a year before the present trial.
On May 25, 1957, defendant was committed to State Hospital No. 1 at Fulton pursuant to the finding above and the order of the trial court. The record of a staff conference there on June 13, 1957, stated that there were then “no findings that justify a diagnosis in the psychiatric field. His intellectual capacity seems to far exceed that described by the Bliss Psychiatric Hospital as being under 50” (I. Q.). That report is a part of the present transcript. Dr. Val Satterfield, a specialist in mental diseases with eminent qualifications, he being also a consultant to State Hospital No. 1 on the criminally insane, testified for the State in rebuttal at the present trial. He had formally examined defendant at the hospital on June 13 and October 3, 1957, and he had observed him about the hospital at various other times. He testified without objection that he found no evidence of mental disease present. When asked whether, from his examination and observation, he had an opinion “based upon reasonable medical certainty as to whether or not a mental disease was present in January 1957,” he stated that he had, and when asked for that opinion, stated that defendant “was not insane.” Defendant’s counsel objected to the first of these questions on the ground that no foundation had been laid for such an opinion. This witness also stated, without objection, that in his opinion defendant had full mental capacity and that there was no evidence indicating insanity. Defendant’s counsel cross-examined the witness on the nature of schizophrenia and its duration or permanency. As indicated, the jury rejected the defense of insanity.