State v. Bolden

476 S.W.2d 601
Supreme Court of Missouri·Decided February 22, 1972·No. No. 56352·Published

Opinion

DONNELLY, Judge.

Appellant, Eli Bolden, was convicted of attempted arson under V.A.M.S. §§ 560.035 and 560.020 by a jury in the Circuit Court of the City of St. Louis, Missouri, and his punishment under the provisions of V.A. M.S. § 556.280 was assessed at imprisonment for a term of “three and a half years.” Following rendition of judgment and imposition of sentence an appeal was perfected to this Court.

The only point raised on appeal is that “the State failed to sustain its burden of proof or to make a prima facie case.”

Herbert Singer testified as follows:
“Q Mr. Singer, what is your occupation or business?
A Merchant.
Q Merchant of what, sir ? A Tobacco and liquor store.
Q You have a tobacco and liquor store? A Yes, sir.
Q And where is that store located ? A 5902 Delmar.
Q Is that within the City of St. Louis, Missouri ?
A Yes, sir.
Q Now, you were working yourself in the shop on May 29, 1969, is that correct? A Yes, sir.
Q What time did you close up ? A ~Ten P.M.”
Thomas Godfrey testified as follows:
“Q Will you state your name, please?
A Thomas Godfrey.
Q And what is your occupation ? A Police Officer.
[602] Q St. Louis Metropolitan Police Department? A Yes.
Q Directing your attention to very late hours on May 29th, 11:45, thereabouts, would you tell us where your duty took you?
A We were assigned to Seventh, riding in Seventh District area.
Q Just continue to tell us, officer, what occurred as you approached Delmar Boulevard, not relating what someone else told you?
A Okay. As we approached Delmar and Hamilton, we observed in front of 5902 Delmar approximately eight to nine Negro youths couched in what appeared to me in a sitting or kneeling position, and in front of these Negro youths were approximately eight to nine soda bottles.
Q Were the bottles standing on the sidewalk? A Yes.
Q Did you observe anything unusual about the bottles?
A Yes, I did.
Q What?
A The bottles contained an amber colored fluid and each bottle had a rag type of wick sticking out of the neck.
Q Sticking out of the neck of the bottle ? A ’ Yes.
Q Tell us what you did then?
A At that time we alighted from the police car and we began to approach the subjects in front of 5902 Delmar.
Q Were you in uniform ? A We were.
Q What happened then?
A They all got up and began to run.
Q Did anything unusual occur at that time? A Yes.
Q Will you tell us what happened ?
A One of the subjects in the group threw a rock through this particular window at 5902 Delmar.
Q All right. Were you able to see the man who threw the rock? A Yes.
Q Did you get a good look at him? A Yes.

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State v. Bolden, 476 S.W.2d 601 (Mo. 1972).

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Related

State v. Porter
458 S.W.2d 256 (Supreme Court of Missouri, 1970)
State v. Lamb
468 S.W.2d 209 (Supreme Court of Missouri, 1971)