242 Mo. 439 | Mo. | 1912
The defendant was informed against jointly with Thomas Howard, the two being charged with burglary with explosives as that offense is defined in section 4526, Revised Statutes 1909. On a trial separate and apart from Howard defendant was convicted • and sentenced to twenty-five years in the penitentiary and has appealed.
The evidence showed that in the early morning of January 11, 1911, a saloon at 2404 East Eighteenth street in Kansas City, Missouri, was entered by burglars (by means of chiseling out a panel of a rear door), an iron safe blown open with nitroglycerin and some money stolen. A bottle containing a small quantity of nitroglycerine was found in the saloon building soon after the explosion in the building was heard. The safe was practically destroyed, being blown into pieces. The money stolen was taken from the back bar.
The evidence tending to connect defendant with the crime was to the effect that he and one Howard were and for some time had been rooming together on East Seventeenth street in Kansas City and that they were in the habit of leaving their room about 11 p. m. and returning thereto at 3 or 4 a. m. They were seen together at about 11 p. m. on the night of January 10, 1911, in the saloon of Henry Alpheus at 2400 East Eighteenth street where they washed their
On January 13,1911, defendant and Howard were arrested in a' rooming house at 521 East Seventeenth street in Kansas City. Two revolvers and cartridges, a chisel, a burglar’s jimmy, some diamond pointed bits or steel drills, a carpenter’s brace, an electric flash light, two pairs of overalls, two caps, several sticks of dynamite, a skeleton key, a bottle of gun oil (said to be useful in drilling into iron and steel) and a glass syringe containing some dark liquid were found in the room occupied by defendant and his companion.
After his arrest defendant seemed to be in great trouble and said “he had made a fool of himself.” During the trial he cursed and reviled witnesses and officers, interrupting the proceedings with all manner of scurrility.
For the defense there was evidence that two or three weeks before the trial defendant began to indulge in violent outbursts, would lie on. the floor, had to be removed to a cell in which there was no bunk in order to prevent his tearing his bunk loose and did not answer when addressed. In rebuttal the State of
It is contended that the information charges no offense and that the evidence is insufficient to support a conviction.
I. The information in this case is the same under which Thomas Howard was tried and convicted and the objections lodged against it are the same as those urged in the case (decided this day) against him. In that case the information was held sufficient and reference is made to the opinion therein for the reasons which now induce a like ruling. [State v. Howard, ante, p. 432.]
II. It is urged that the evidence is not sufficient to support the verdict. The rule that if the record discloses substantial evidence of defendant’s guilt this court will not interfere on the ground of lack of evidence is applicable to this case (State v. DeWitt and Jones, 191 Mo. l. c. 58) and must be kept in mind in considering the contention mentioned.
That the crime charged was committed at the time and place and in the manner charged in the information is overwhelmingly established by the evidence, but it is insisted there is no sufficient evidence identifying defendant as the perpetrator thereof.
The intimacy between Howard and defendant, their presence together near the scene of the burglary at 11 p. m. on the 10th and again at 2:45 a. m. on the 11th, but a short time before the crime was committed, Howard’s presence in the rear of the burglarized saloon a moment after the explosion and his flight, the fact that a panel in the rear door of the saloon was chiseled out and that a chisel was soon thereafter found in the room occupied by defendant and Howard, the probable fact that the safe was blown open with nitroglycerin and that the usual drills, syringe, etc., ordinarily employed by yeggmen in using nitroglycer
The judgment is affirmed.
PER CURIAM. — The foregoing opinion of Blair, C., is adopted as the opinion of the court.