State v. Coram

231 S.W.3d 865, 2007 Mo. App. LEXIS 1220, 2007 WL 2499466
CourtMissouri Court of Appeals
DecidedSeptember 6, 2007
DocketNo. 27992
StatusPublished
Cited by6 cases

This text of 231 S.W.3d 865 (State v. Coram) 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. Coram, 231 S.W.3d 865, 2007 Mo. App. LEXIS 1220, 2007 WL 2499466 (Mo. Ct. App. 2007).

Opinion

NANCY STEFFEN RAHMEYER, Judge.

Larry D. Coram (“Appellant”) brings this appeal from a conviction in a court-tried case of the class C felony of assault in the second degree for knowingly causing physical injury by means of a dangerous [867]*867instrument, a violation of section 565.060.1 Appellant claims the trial court erred in (1) failing to grant a judgment of acquittal because there was insufficient evidence to establish that the phone was a dangerous instrument and (2) in allowing hearsay testimony which was used as substantive evidence against him. We find no error and affirm the judgment.

Victim, a 93-year-old man, had hired Appellant to be his caretaker. Appellant had worked in this capacity for approximately one year before the incident occurred. On July 8, 2005, Appellant, Victim, and Minnie “Mae” Griffin, an acquaintance of Victim, were present at Victim’s residence. When Ms. Griffin arrived at Victim’s residence Appellant and Victim were arguing about Victim not eating his food. Ms. Griffin offered to go into town and pick Victim up some food and Appellant “hit the ceiling” and told Ms. Griffin she was not going to bring food to Victim because it would just go into the trash can. Ms. Griffin left around 6:00 p.m., leaving Appellant and Victim alone in the residence.

Later, after Appellant had been talking on the telephone, he threw it at Victim hitting him in the eye. Appellant then ran over to Victim, put his thumb in Victim’s mouth, and shook Victim’s head around. Victim testified it was Appellant’s method of controlling Victim.

On July 10, 2005, Victim’s son, John Young, checked Victim into Clearview Nursing Home. On July 12, 2005, Ruth Hatley, Victim’s former caretaker, went to visit Victim. After seeing Victim’s condition Ms. Hatley went to the nurse’s station and told Jo Carolyn Noe that Victim was in “bad shape” and “something ought to be done.” Ms. Noe went to see Victim and saw that he was “badly bruised” with a “bruise on his eye and ... on his chin.” After hearing Victim explain that he had been struck in the face with a telephone, Ms. Noe called the Division of Health and Senior Services to explain the situation and file a report.

Officer Tim Bartlett was dispatched to Clearview Nursing Home to investigate the report of elder abuse that Ms. Noe filed. Officer Bartlett observed that Victim had a black eye and abrasions around his lower lip. At trial, Ms. Hatley, Ms. Noe, Cheryl Cassey and Officer Bartlett were allowed to testify which facts Victim informed each of them of, supporting Victim’s claim that Appellant had thrown a phone at him, stuck his finger in his mouth, and caused his injuries.

In his first point, Appellant claims the trial court erred in overruling his motion for judgment of acquittal at the close of all evidence because there was insufficient evidence to establish that the phone was a dangerous instrument. Section 565.060 states:

A person commits the crime of assault in the second degree if he:

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(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument!.]

“Dangerous instrument” is defined as “any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.” Section 556.061(9). “Serious physical injury” is a “physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment [868]*868of the function of any part of the body.” Section 556.061(28).

A dangerous instrument, unlike a deadly weapon, is not designed for use as a weapon and may have a normal function under ordinary circumstances. State v. Arnold, 216 S.W.3d 203, 208 (Mo.App. S.D.2007). “The key to determining whether an object is a dangerous instrument is whether the object can kill or seriously injure ‘under the circumstances in which it is used.’ ” Id. (quoting State v. Johnson, 182 S.W.3d 667, 672 (Mo.App. E.D.2005)). “Missouri courts have found a variety of seemingly innocuous objects to be dangerous instruments by analyzing whether the defendant knowingly or purposely used the object in a manner in which it was readily capable of causing death or serious physical injury.” Id. Appellant argues that there was insufficient evidence from which the court could find that the telephone, under the circumstances in which it was used, by being thrown, was capable of causing death or other serious physical injury.

This Court will affirm a trial court’s denial of a motion for judgment of acquittal if, at the close of evidence, there was sufficient evidence from which reasonable persons could have found the defendant guilty of the charged offense.2 State v. Cushshon, 218 S.W.3d 587, 589 (Mo.App. E.D.2007). In determining whether there was sufficient evidence, we review “the evidence in the light most favorable to the judgment, disregarding any contrary evidence, and granting the State all reasonable inferences from the evidence.” State v. St. George, 215 S.W.3d 341, 345 (Mo.App. S.D.2007). We may not, however, supply missing evidence or give the State the benefit of unreasonable, speculative, or forced inferences. Cushshon, 218 S.W.3d at 589.

We believe sufficient evidence was presented at trial from which a reasonable person could have found that the phone, under the circumstances in which it was used in the context of this case, was a dangerous instrument. Although Appellant makes much of the lack of evidence concerning what type of phone was thrown, the facts remain that a phone was thrown at the head of an incapacitated, 93-year-old man from a close range with such force that it caused serious bruising and a black eye still noticeable four days after the event. The phone was capable of causing serious physical injury because of the physical condition of Victim, the location of the injury, the force with which it had to have been thrown, and the serious disfigurement on the victim. Point I is denied.

In his second point, Appellant claims the trial court erred in admitting out-of-court statements of Victim relaying what Appellant had done because such statements were inadmissible hearsay. Specifically, he contends the testimony of Officer Bartlett, Ms. Noe, Ms. Cassey, Keith Lawson, and Ms. Hatley contained inadmissible hearsay that the trial court relied on in reaching its judgment.

A hearsay statement is an out-of-court statement that is used to prove the truth of the matter asserted and that depends on the veracity of the statement for its value. State v. Sutherland, 939 S.W.2d 373, 376 (Mo. banc 1997). Hearsay statements are generally inadmissible unless they fall within a recognized exception to the hearsay rule. Id. They are inadmissible because of the “inherent lack of trustworthiness that accompanies such testimony.” State v. Copple, 51 S.W.3d 11, 17 [869]*869(Mo.App. W.D.2001).

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Bluebook (online)
231 S.W.3d 865, 2007 Mo. App. LEXIS 1220, 2007 WL 2499466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coram-moctapp-2007.