State v. Beedle

619 S.W.2d 334, 1981 Mo. App. LEXIS 3423
CourtMissouri Court of Appeals
DecidedJune 2, 1981
DocketNo. WD31449
StatusPublished
Cited by3 cases

This text of 619 S.W.2d 334 (State v. Beedle) 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. Beedle, 619 S.W.2d 334, 1981 Mo. App. LEXIS 3423 (Mo. Ct. App. 1981).

Opinion

DIXON, Judge.

Appeal by defendant from a conviction of robbery in the first degree. Defendant raises several points. Only three require consideration: the sufficiency of the evidence to support the conviction, the admission of certain evidence, and the trial court’s response to a written inquiry from the jury.

Error which requires reversal appears in the written response of the trial court to the inquiry from the jury and in the admission of money found in the defendant’s wallet. The" evidence to support the conviction is sufficient.

When all of the evidence tending to support the verdict is viewed as true, contrary evidence disregarded, and every inference supporting the verdict indulged, as this court must do when reviewing a jury conviction, State v. Anderson, 606 S.W.2d 214 (Mo.App.1980), the following could have been reasonably found by the jury.

On the morning of April 3, 1979, shortly before 6 a. m., Clara Denney, a 70-year-old cafeteria cashier at a local high school, was robbed at gunpoint by a white male as she opened the school safe containing two days receipts and the operating change of the cafeteria.

The robber was wearing a red and white ski mask pulled down to his eyebrows, but his face and neck area were fully exposed. He sniffled continuously as if he had an allergy. The office in which the robbery took place was well lit, the robber was 3 — 4 feet away, and the victim viewed him for ten minutes. Over $1,100 was taken by the robber, who fled after telling Mrs. Denney he did not want her purse and directing her to go out of the office the way she came in.

The victim collapsed after ringing for the school custodian, who assisted her to the custodian’s office. In the office, she talked with the custodian and a 16-year-old cafeteria porter named Bill Beedle, Jr. She told the custodian and Beedle, Jr. that the robber looked like Beedle’s father but that he appeared heavier than Beedle’s father. Beedle at that time denied that it could have been his father, stating that he had just left his father asleep at home.

Bill Beedle, Sr., the defendant here and the individual whom Mrs. Denney compared the robber to, had been employed as a night custodian at the school for three months prior to the robbery. He had been fired the week before the robbery for tardiness and absenteeism. Mrs. Denney and he knew each other — she had fixed his lunch on 10 or 12 occasions during his last weeks at work. At the time of the robbery, she did not know he had been fired.

Upon the arrival of the police, Mrs. Den-ney gave two incident reports to the officers. She did not mention Bill Beedle, Sr., as a suspect to either of the officers, their reports would reflect that the robber was a “stranger” and had “unknown facial shape.” She gave a physical description to the officers. However, other school personnel did volunteer the name of Bill Beedle, Sr. as a possible suspect, along with several [336]*336others, due to his recent termination and familiarity with the school.

The following morning, defendant was arrested as a suspect and taken to the police station for questioning. He voluntarily submitted to questioning and agreed to be in a lineup. Mrs. Denney positively identified him as the robber.

At trial, Mrs. Denney blamed her inability to name defendant as a suspect the day before the lineup identification on the upsetting nature of the incident and the attendant confusion when she was questioned. She stated she became convinced that defendant was the robber later that day after discussing the matter with other school personnel. Mrs. Denney’s testimony provided virtually all the evidence to support the conviction.

In a valiant but obviously unsuccessful attempt to impeach Mrs. Denney’s eyewitness identification, counsel for defendant confronted her with her preliminary hearing testimony, taken nine days after the robbery, her deposition, and a written statement she gave the police the day after the robbery. It is the trial court’s response to a request from the jury regarding this information which provides the grounds for reversal.

Mrs. Denney was first cross-examined about discrepancies between her trial testimony and her testimony at the preliminary hearing. Without detailing all of the inconsistencies, it suffices for the issue here presented to say that as to one critical question and answer read to her she denied the statement. The substance of the question and answer will be later noted. Although at this juncture the transcript of the preliminary hearing was not introduced into evidence, no objection was made to defense counsel’s use of the transcript in framing questions.

Defense counsel next questioned Mrs. Denney about discrepancies between her trial testimony and deposition testimony. . Again, there was a conflict in the testimony, the depositions were not offered into evidence, and there was no objection to the method of questioning. No objection was lodged by the State, nor was any limitation on the use of the inconsistent statements requested when the questions were asked and answered.

Mrs. Denney was next confronted with the statement (Exhibit # 5) she gave the police after viewing the lineup, in which she unequivocally identified defendant as the perpetrator of the crime. Defense counsel attempted to show that there were portions of the statement which did not come from personal observations of the victim, but which came about as a result of post-robbery conversations with other employees, and that the statement conflicted with her deposition testimony.

The prosecution then tried to rehabilitate the witness through the use of the statement and successfully introduced it into evidence with the following limiting instruction to the jury from the court:

THE COURT: Objection will be overruled.
Defendant’s Exhibit 5 is admitted into evidence as evidence of a statement made earlier consistent with the witness’ testimony here today, and not necessarily as evidence, itself; it’s evidence of evidence, if that makes sense, members of the jury. It’s here and offered and received as evidence of the fact that this witness made a statement consistent with her testimony here today, before she testified here today. If that — it’s kind of a tricky little area, but it’s evidence of evidence and not received as evidence in and of itself, except as to the matters directly elicited therefrom by one of the other of the counsel.

The state, over the objection of the defendant, later introduced evidence of the amount of money found in defendant’s wallet at the time of his arrest. The defendant testified and the case was submitted to the jury. The jury went out at 4:14 p. m. and at 5:46 sent the judge note containing a request. After about a 30-minute discussion, the court sent a written reply and the jury, within 15 minutes, returned a verdict of guilty and a 10-year sentence.

[337]*337The first issue is the propriety of the trial court’s action in sending the written reply to the jury. This issue arises in a most peculiar procedural format. It is impossible to paraphrase and obtain a proper understanding of what occurred at trial which gave rise to the issue, and the factual background will be developed with the transcript verbatim.

As noted, the eye witness had explicitly denied that she had been asked a question and that she answered it in a certain fashion.

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Related

State v. Endres
741 S.W.2d 788 (Missouri Court of Appeals, 1987)
State v. Sutton
699 S.W.2d 783 (Missouri Court of Appeals, 1985)
State v. Ross
680 S.W.2d 213 (Missouri Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
619 S.W.2d 334, 1981 Mo. App. LEXIS 3423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beedle-moctapp-1981.