State v. Barks

711 S.W.2d 892, 1986 Mo. App. LEXIS 4069
CourtMissouri Court of Appeals
DecidedApril 29, 1986
DocketNo. 50129
StatusPublished
Cited by7 cases

This text of 711 S.W.2d 892 (State v. Barks) 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. Barks, 711 S.W.2d 892, 1986 Mo. App. LEXIS 4069 (Mo. Ct. App. 1986).

Opinion

PUDLOWSKI, Judge.

Appellant was convicted by a jury of attempted stealing of an automobile, RSMo Section 564.011 (1978). The Circuit Court of Jefferson County entered judgment on the jury’s verdict and sentenced him as a persistent offender to a term of eight years in the Missouri Department of Corrections. On appeal, appellant charges that the trial court committed reversible error in (1) failing to strike for cause three veniremen, thereby denying appellant his right to a full panel of qualified jurors before the exercise of his peremptory challenges; (2) not granting appellant’s motion for a judgment of acquittal based on the insufficiency of the evidence; (3) not granting appellant’s motion to suppress evidence; and (4) submitting an incorrect jury instruction. We affirm.

During voir dire, the prosecutor questioned four veniremen about their acquaintance with Deputy Sheriff Chris Pigg and Lieutenant Ed Kemp of the Jefferson County Sheriff’s Department.

MR. BOUCHARD: Deputy Chris Pigg will be testifying in the trial of this case. Anyone know Deputy Pigg?
Mr. Crump, how do you know Deputy Pigg?
MR. CRUMP: He’s a good friend of mine.
MR. BOUCHARD: Do you feel that, given the fact that Mr. Pigg is a good friend of yours — . First off, how often do you see him?
MR. CRUMP: Run around together.
MR. BOUCHARD: Do you still do that?
MR. CRUMP: Him and my brother are pretty good friends. We all run around together.
MR. BOUCHARD: Do you think that you could put that aside and if Deputy Pigg testifies in this case, do you believe that you can evaluate his testimony fairly and impartially, the same way you can any other witness’ testimony who will take the stand to testify?
MR. CRUMP: Yes, sir.
MR. BOUCHARD: So, you don’t feel that you would have any problems with that at all?
MR. CRUMP: No.
MR. BOUCHARD: You can set that aside?
MR. CRUMP: Hopefully, yes.
MR. BOUCHARD: Anyone else here?
MR. STOTLER: William Stotler.
MR. BOUCHARD: Do you know Deputy Pigg?
MR. STOTLER: Chris Pigg was a student where I teach.
MR. BOUCHARD: How long ago was that?
MR. STOTLER: About ten years ago.
MR. BOUCHARD: Was he a student of yours?
MR. STOTLER: Yes, he was.
MR. BOUCHARD: Was that just like a one-hour class or what?
MR. STOTLER: Well, we also had an association as coach and player. I coached at the time, and Chris was a player.
Q. That was what, football?
A. Basketball.
Q. Chris was in basketball?
[894]*894A. He was a little younger then.
Q. He’s a little heavyset now. Due to the fact that you know Chris, coached him on the basketball team, could you put that aside and evaluate his testimony fairly and impartially, the same as you would any other witness in the case?
A. I think so.
Q. Any doubt about that at all?
A. No doubt.
Q. Anyone else? Mr. Forester, do you know Chris?
A. He went to school with my daughter.
Q. And about how long ago was that?
A. I don’t know.
Q. Ten years ago?
A. Ten years ago.
Q. Is there anything about that situation that would cause you to have any problems in being fair and impartial?
A. No.
* * * * * *
Anyone know Lieutenant Ed Kemp? He’s with the Jefferson County Sheriff’s Department, has been for a number of years; he’s a big, big person. Anyone here know Ed Kemp?
Mrs. Blake, how do you know Ed Kemp?
A. Well, I’ve known him for about 28 years; since he was a child.
Q. Do you know him through his parents? Is that how you met him?
A. Yes.
Q. Are you still friends with his parents?
A. Yes.
Q. Do you still see Lieutenant Kemp on a regular basis?
A. No.
Q. Is there anything about the fact that you know Lieutenant Kemp through his parents and have for a long time that would cause you to have any problems in evaluating his testimony in the same manner as you would anyone else who would appear in the trial of this case?
A. No.
Q. You can put that aside?
A. Yes.
Q. No problem at all?
A. No problem.
* * * * * *

Later, the defense counsel questioned the four veniremen.

MR. SHAW.
Q. Mr. Stotler, where are you from originally?
A. Bonne Terre, Missouri.
Q. Did you get your early schooling in St. Francois County?
A. Yes, I did.
Q. You have been in Jefferson County for some time?
A. Yes, sir.
Q. And where is it that you teach?
A. Herculaneum, Missouri.
Q. I don’t believe that Officer Pigg said at any time that this man did anything. He’s an officer in the case and in the investigation. I believe he made the arrest, and he’s a student or was a student of yours and apparently you were a coach.
Now, do you feel that you would want him to convict somebody just because he’s testifying in behalf of the State in this case?
A. No, I don’t.
Q. It’s got to be proved and proved beyond a reasonable doubt; is that correct?
A. Yes.
Q. Was he a good basketball player, or do you remember?
THE COURT: You don’t have to answer that.
A. I’ll refrain from answering that.
Q. You know of no reason why you couldn’t give either party a just, fair and impartial trial?
A. No.
* * * * * *
Q. Ms.

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720 S.W.2d 375 (Missouri Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
711 S.W.2d 892, 1986 Mo. App. LEXIS 4069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barks-moctapp-1986.