654 S.W.2d 288 | Mo. Ct. App. | 1983
Defendant, David Carlton White, was jury-convicted and sentenced to twenty years’ imprisonment for the crime of robbery in the first degree.
The evidence in the record tending to prove White’s guilt is that on the evening of July 8, 1981, White and a companion named Tucker went to the home of Oris Flynn. Flynn, an 80-year-old man suffering from physical disabilities, lived “approximately, roughly, two miles” from Thayer, Missouri.
Later that same evening, White and Tucker appeared at the home of Lawrence and Frank Sisco in Alton, Missouri.
In his appeal, White first contends that the evidence was insufficient to sustain the verdict in that, among other reasons, venue was never proved. The evidence was sufficient to sustain the conviction. In regard to the complaint of improper venue, evidently on the theory that there was no direct evidence that Mr. Flynn’s home was in Oregon County, Missouri, White did not complain before or during trial that Oregon County, and subsequently Greene County after the change of venue, was not the proper venue. The issue was raised for the first time in defendant’s motion for new trial. Having proceeded to trial without objection to venue, White waived the issue. State v. Wood, 596 S.W.2d 394, 401 (Mo. banc 1980) cert. denied, 449 U.S. 876, 101 S.Ct. 221, 66 L.Ed.2d 98.
White’s second point is that the trial court erred in permitting state’s witness Gary Rutherford to testify because “... such testimony was inadmissible as hearsay.” The point preserves nothing for review as it does not state “wherein and why” the trial judge erred. Rule 30.06(d).
White’s fourth point is that the trial court erred “... in permitting the prosecuting attorney to bring a pistol before the jury because weapons not connected to the defendant or the crime are not admissible unless they contain some probative value.” The prosecuting attorney showed witnesses Presley and Lawrence Sisco a pistol (Exhibit 1). Both witnesses stated the pistol looked like the gun held by White during the robberies. While the prosecutor did not seek to have the pistol introduced as physical evidence, we cannot say that White was prejudiced by the display. The questions to Ms. Presley and Sisco, coupled with showing them the pistol, had probative value on the issue of whether Flynn and Ms. Presley were robbed by means of a dangerous and deadly weapon. The point is denied.
White’s last point claims trial court error in the giving of Instruction No. 6 (verdict director) because “... said instruction was in violation of Supreme Court Rule 28.02(e).” The point as written preserves nothing for review, as it does not state why the giving of the instruction was error. Rule 30.06(d). The point is denied.
A full review of the record discloses no prejudicial error. Judgment affirmed.
. We take judicial notice that Thayer, Missouri is in Oregon County.
. We judicially note that Alton is in Oregon County, and is located approximately 16 miles northeast of Thayer, Missouri on Highway 19.
.All rules are Missouri Rules of Court, V.A. M.R.