State v. Baldwin

808 S.W.2d 384, 1991 Mo. App. LEXIS 364, 1991 WL 30389
CourtMissouri Court of Appeals
DecidedMarch 12, 1991
DocketNo. 16671
StatusPublished
Cited by9 cases

This text of 808 S.W.2d 384 (State v. Baldwin) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baldwin, 808 S.W.2d 384, 1991 Mo. App. LEXIS 364, 1991 WL 30389 (Mo. Ct. App. 1991).

Opinion

CROW, Judge.

A jury found defendant Bessie Fern Baldwin guilty of the class A felony of murder in the second degree, § 565.021, RSMo 1986, and assessed punishment at life imprisonment. The trial court entered judgment per the verdict.

Defendant appeals, presenting two assignments of error. The first asserts the trial court improperly allowed the prosecutor to elicit testimony that defendant underwent a polygraph examination; the second complains the trial court wrongly refused to give the jury a verdict-directing instruction on involuntary manslaughter. The claims of error require an account of the evidence.

At the time of the relevant events defendant was the wife of David Baldwin and the mother of two sons: David Wayne “Pete” Baldwin, age 13, and Clayton Baldwin, age 5. The family resided in a rural area of Webster County. Defendant’s husband was employed by Danny Hicks, a dairyman, whose home was about a mile from the Baldwin residence.

On the morning of October 1, 1987, David Baldwin arrived at Hicks’ dairy farm, completed the morning milking, and received his paycheck. He was supposed to return for work that afternoon but failed to appear.

About 9:00 that evening Hicks received a phone call from defendant asking whether he knew David’s whereabouts. Hicks said David had gotten his paycheck that morning, had not shown up that afternoon, and he (Hicks) did not know where David was.

Some 50 minutes later defendant phoned Hicks again. Hicks testified: “She told me that she needed help, that her baby had been shot. Clayton had been shot.” Defendant sounded extremely upset.

Hicks got a shotgun and, as he exited his home, his wife, Claudia, arrived. Hicks told her to call the police. He then drove to defendant’s residence, arriving three or four minutes after defendant’s call.

Defendant came outside and said Clayton had been shot. Hicks entered the house. Clayton was in a downstairs bedroom. Hicks observed Clayton was “pretty blue” and was making a strange noise, evidently gasping for air. Clayton’s eyes were open but not moving. Hicks saw a wound in Clayton’s side.

Hicks feared Clayton’s assailant might still be in the house so he searched it, but found no one.

The next arrivals at defendant’s residence were her sister, Susie Burchett, and Susie’s husband, Jim. They were accompanied by defendant’s son Pete, whom Susie had picked up at school after a basketball game.

Claudia Hicks, a registered nurse, arrived and examined Clayton. He was pale and cold, and his abdomen was distended from internal bleeding. He had a pulse and was breathing, but his breathing pattern was unstable. Claudia tended Clayton’s wound and assisted his breathing.

An ambulance arrived about ten minutes after Claudia. The ambulance attendants attached a heart monitor to Clayton and inserted a tube to facilitate breathing.

Sergeant Jerry Lasater of the Missouri State Highway Patrol arrived at 10:19 p.m., immediately after the ambulance. Deputy sheriff Tom Fitch arrived some ten minutes after Lasater.

A helicopter arrived and transported Clayton to a Springfield hospital.

Deputy Fitch, in the presence of Sergeant Lasater, asked defendant what had happened. Defendant supplied the following narrative.

She arrived home with Clayton about 9:00 p.m., put his pajamas on him, and put him in bed. She then telephoned Danny Hicks trying to determine her husband’s whereabouts. After that call she went outside for wood to start a fire, as the house was cold. While she was near the woodpile she heard a popping sound from the house. She rushed to the house and found Clayton gasping in bed. She saw some blood. She telephoned Jim Burchett and Danny Hicks. She noticed the back door of the house was open. It had been shut before the phone calls. After the calls she remained with Clayton until Danny Hicks arrived. She [386]*386saw no assailant and “didn’t know who might have done it.”

No further information was obtained from defendant, as she was “very upset, hysterical.”

Sheriff Eugene Fraker of Webster County arrived around 11:00 p.m., and was briefed by Sergeant Lasater. The sheriff asked defendant what had happened. Defendant, still “very emotional, very hysterical,” gave the same account she had given Lasater and Fitch. Defendant then departed with Susie Burchett for the hospital.

Pete Baldwin informed Sergeant Lasater that Pete’s .410 shotgun was missing from his upstairs bedroom. Lasater accompanied Pete to the bedroom where Pete pointed out the rack where the gun was kept. Pete also showed Lasater an ammunition container and stated one shell was missing.

Sometime later, during a search of the grounds, Pete’s shotgun was found beneath a bush 30 to 50 feet from the house. There was an expended shell in the breech. Lasater took possession of the shotgun.

Sheriff Fraker notified Sergeant Tom Martin of the Missouri State Highway Patrol about the shooting sometime after midnight. Martin directed Corporal John Bickers of the Patrol to go to the hospital where Clayton had been taken and contact the family. Sergeant Martin, accompanied by Sergeant Jack Merritt of the Patrol, proceeded to defendant’s residence, arriving around 1:30 a.m.

Sergeant Lasater turned the .410 shotgun over to Sergeant Martin.

Clayton died some two hours after arriving at the hospital.

Corporal Bickers talked to defendant at the hospital after she had been told Clayton died. Defendant “was sobbing and obviously distressed.” Defendant gave Bickers the same narrative she had given Lasater, Fitch and Fraker.

Around 1:00 p.m., October 2, Sergeant Martin contacted defendant at her sister’s residence. Defendant gave him the same account of the incident she had given the other officers.

The next day, October 3, Sheriff Fraker contacted defendant at the Burchett residence. He asked whether there had been any “passers-by” or prowlers at defendant’s residence prior to the shooting. Defendant supplied no new information.

Fraker arranged a meeting between defendant and Sergeants Martin and Merritt October 7 at the Webster County Courthouse. Defendant arrived with members of her family. The purpose of the meeting, said Martin, was: “We really needed to sit down with Mrs. Baldwin after she hopefully had calmed down a little bit and take a good in-depth statement from her and hopefully she could remember some things she might have forgot to tell us when we were out there. She was very emotional at the time that I tried to talk to her and I was hoping that after this time lapse that she would be in a better frame of mind to talk to, and she was.”

Defendant related the same account she had given on previous occasions.

The next day, October 8, defendant told a relative, Marshall Eugene Cantrell, she would like to return to her residence “and try to remember something that maybe she had forgotten.” Cantrell informed Sheriff Fraker. The sheriff arranged for Sergeants Martin and Merritt to accompany defendant to her residence.

Martin, Merritt, Cantrell and defendant arrived at defendant's residence about 2:30 p.m., October 8. Martin testified:

“She walked in [through] the front door there off the front porch and just as she got inside the door she — she started crying....

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Cite This Page — Counsel Stack

Bluebook (online)
808 S.W.2d 384, 1991 Mo. App. LEXIS 364, 1991 WL 30389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baldwin-moctapp-1991.