*1 ' 281] 1919. 525 TERM, State Palmer. v. Appel-
THE STATE v. HOBSON DEWEY PALMER, lant. Two,
Division March 1920. quarrels 1. EVIDENCE: Other Disconnected.Difficulties. Evidence of prior parties, violent threats defendant with other night, homicide on the but with which deceased was in same present, wise and was is connected admissiblе. may VENUE: How 2. Proven. Venue a criminal be establish- case may way as ed in the same fact. es- material be testimony, may by direct it tablished be inferred in- from all facts and evidence from reasonably may inferenсe that drawn. The homicide ference county filed the information was was committed testimony showing that a school certain drawn county - county line, east west of its house inwas the school house. 650 feet west shot from] Circuit Court.—Hon. A. W. Apeal Howard Judge.
Walker, remanded1. Reversed appellant. Major Bagby Sam C.
R. M. toas where silent is in this case (1) record The shows evidence The committed. offense boundary line closе toas only record evidence counties. Ar- near committed offense was is that venue what is silent as to record but house, nett’s school can in. located is school'house Arnett’s county, but boundaries judicial notice take coun- in a certain that a house school cannot determine subject. v. State is silent evidence ty where 86; Hughes, Mo. 82. State v. 251; Mo. Hartnett, 75 v. 245; Mo. MbGinnis, King, SUPREME OP COURT MISSOURI. App'. Burgess, State v. 136 Mo. Bush, illegal admitting (2;) The court erred iu *2 difficulty testimony concerning irrelevant details of the a difficulty twenty place which took before the minutes the defendant, between deceased and to-wit: the this difficulty between defendant and Prank and Nina difficulty nothing ton Bill This and what- difficulty ever to do in which the transpired, according shot. of to the twenty prior State’s own diffi- witness, minutes to the culty between deceased after defendant, and and gone quarter of event had clоsed and Pattons had a Ewing gone a mile across field and defendant had waiting the road his brother and for part gestae Hill. witness, Newt It was a of res guise. should not been introduced under have and this (9 Ed.), p. 198; Criminal Evidence sec. 264, Wharton’s Mo., v. 174 Guinn, State Henry Attorney-General, McAllister,
Frank W.
respondent.
Attorney-General,
B.
Assistant
Hunt,
concerning
(1)
altercation
The evidence
appellant,
Level,
Pattons and Bessie
should
and the
present, deceased was not
been
admitted.
have
appel-
not encounter
did
affair,
took
Cyc.
State
21
920;
after
was over.
lant until
Clayton,
5201;
1001
v.
612; State
68
Mo.
Swain,
v.
Mo.
Ky.
Joyce
R.
v.
3
L.
290;
Ya.
Sewell
Com.,
Com.,
v.
question
(2)
MOZLEY, attorney in vacation of Howard prosecuting Vol.281] OCTOBER TEEM, 1919. '52? Dewey court, an information filed charging Hobson having kill- him with shot and Wright ed Millard P. under circumstances as to degree. constitute murder in the second The informa- charges killing County tion occurred in the day On the No- of Missouri. 6th put defendant vember, 1917, trial in said degree murder convicted second punishment twenty years and his fixed at Penitentiary.
At close State’s case demurred of the which was overruled evidence, court, again at the close of the case the demurrer was whole duly Exceptions but met similar renewed, fate. rulings preserved in the record to these are set forth *3 time new trial within before Motion for was filed us. by April, day was it law on thе 1st allowed and, by exceptions duly saved. overruled the court and appeal. regularly on defendant’s case here who night January Skinner, 6, 1917, Jim On the County, near in the eastern lived dividing and line between gave and deсeased at defendant dance, which both be- kind of. present, but there was were his Deceased and was sober. them. Defendant tween whisky de- and drinking; them, had with associates Mrs. influence. A its less under more or ceаsed was paying, and to whom defendant was Bessie Level, in com- dance, at the married, whom afterward was he (which subsided the dance When pany Bill with night) her Mrs. Level and past o’clock at was eleven Pearl wifе, his Ina and and Prank escort, Defendant home. children, started their three and ton, them up speak rode behind wishing Mrs. Level to stopped to Level, Mrs. who to and horse called on his developed into soon him conversation and the talk Level and quarrel Mrs. vulgar said defendant wife, is. Patton and Frank most made the to have Pattons testimony 'by the m SUPREME OE COURT MISSOURI.. accompany against anyone
dire threats to who dared duty insisting Mrs. he to that would Lеv.el, attend shocking coupling and most himself, his threats with epithets. obscenity vile The matter how- terminated, ever, in-Mrs. Level after Pattons, way proceeding was their over, on towards home Pattons. parties field, through
After had these started home, their brother defend- towards Arthur:- during got had quarrel, ant, who come defendant they go on horses and their started west home; gone way a short when Hill them to Newt way. They called to wait, going аs he was their waited him they doing coming while heard horses some so they road towards turned their horses them; around running and stood road there. A loose mule them, towards see could horses with riders strung along coming them them. Dе- toward did, fendant told his brother catch the mule, approaching holding by was- bridle when (cid:127)parties (who proved Wright, deceased, Millard Cook) up. Paul came disclosed record is conflict-. happenеd
ing from this timé as to what between the time of arrival deceased and and what was. Cook, just and done -and conflicting fatal when the shot fired. This testi- mony finding submitted and their was. *4 to the contention of the favorable State.
At trial of the the case the the over admitted, objection testimony in all the relation defendant, difficulty' to the or between defendant which occurred Pattons between de- pres- defendant and when ceased and not challenged ent. As admission of as is being by appellant reversible set error, we out full: as Patton, follows: “We
Mrs. took the Prank stated through path woods:to main road. As southeast 281.] TERM, 1919. road, main through, passing we were woods to Hop upl Level behind Bessie rode defendant, something tell to and told to he had her come back, went her- her He three times before she He called stepped her arm said: hold off his horse took you you, to me Ina damn will walk with ‘Now, Grod tоnight any in this ton’s there son of bitch won’t ’ why go path. up came crowd asked she Bessie He says you you, if kill to the “I told I would dance, ': just you Hop came Palmer to Bessie left the dance.’ rejoined Bill and Hop1 Pattоn. crossed the main road we enough got I heard we told When hadwe road! go any every —not to further. kill son He threatened to nothing to a Patton, bitch of and said there my out into the them and was. husband never asked He Hop go was like the road. let him told he I would not to I I Oklahoma heard him wind, before. told go go on he asked to down road home. When us left When out threw off all his coats! we road, he longer.” cursing, he not listen but did him, left Skinner’s Patton testified: we Prank “After Hop Palmer. house, I saw He down came path following me Level. told called Bessie He got off horse. wanted' to her. He Bessie he see says, go- he ‘I am He Bessie Level thе arm and took you says, ing ‘No Ina He Patton’s.’ walk with through up if I don’t.’ of bitch walks these woods son big there threw to- walked Bessie He ‘ says My in the his coat down road. wife s Gro off Hop. like You are wind.’ down the road Oklahoma ‘ says my The damned of a out bitch, son to wife: come He ’ you you; will what I can road and I show do for your you says.: if ever catch farm ‘Prank, I off ’’ ’(cid:127) (cid:127) Substantially expect you. left. And at kill we I (Bill) testified to same facts werе Will filing of bill of I. contention The State’s exceptions by the record, we think is shown opinion filing fact of its our does taken. In well 34—281 *5 SUPREME. COURT OF MISSOURI.
sufficiently appear by the record and that it is Bill of Exceptions. duty passing, our in on the review bill earnestly appellant by II. It is
. that insisted testimony difficulty solely set out relates to a above parties wholly that it with, disconnected charged against
different from, offense de- fendant the information, in and that it was Diffiаuties. prejudicial therefore error defense his charge. It will be observed was no there trouble had been none between deceased and defendant until they met in the road where Arthur a brother caught request, had, at defendant’s runaway place mule. at that time and difficulty between the two and which deceased lost life occurred. gone.
tons had ended some time Nothing that was said done or in the any way prеsent deceased, referred to nor was deceased going while it was on. argument
The State in its concedes brief and oral at our bar that the admission of said was er by cited ror, authorities State in its brief support fully Cyc. concession [21 made. Clayton, l. c. Swain, 141.] Mo. l. Crabtree, c. expressly These authorities hold that “evidence difficulty per- previous defendant and a third had no with which connection and son deceased transaction in of the was not is not admissible.’’ killed, point Appellant
III. malms venue may proven, in a criminal case Venue established way the same that is, other material fact, (cid:127)' testimony, direct inferred all facts and evidence reasonably jus- facts and circumstances event '531 TERM, 281] n *6 tify evidence show- there is direct As inference. venue, charged ing in Howard of the crime be to. proof County look the facts and in we justified drawing jury in- in ascertain if the county. ference that was fact said therefrom proof gave (who that shows Jim Skinner County dance) about west lives Howard two miles County Frank line; it shows that P'atton the Boone (to family hоme taken after whose was shot) County one from in Howard about mile lives public County that a shows ex line; road west; lives distance tends that Skinner a short east and oi short north of this road distance south passes This Arnett school house said road. County point and is that the which is Howard engineer county highway from, westward measured point in de the road where feet, distance of 650 think under killed. ceased was We authority the cases State v. Sanders, under McCaw Lee, 497, ley, de and under further fact S. W. County and in Howard fendant informed alleged find must instructed con that their in Howard was committed crime Coun was in Howard of the offense clusion that the'situs ty legitimate deduction therefrom. a, reasonable contention. overrule therefore We as- Appellant additional a number of malms IV. alleged think unneces- are signments error which we they upon avoid- retrial sary rеviewed, since ed. case will been what has
It follows so for retrial. and remanded reversed to be have ordered.
Bailey White, GO., conur. foregoing opinion Mozley, CURIAM:—The PER opinion adopted All hereby the court. is C., judges concur.-