State v. Green

534 S.W.2d 600, 1976 Mo. App. LEXIS 2386
CourtMissouri Court of Appeals
DecidedMarch 1, 1976
DocketNo. KCD 27696
StatusPublished
Cited by6 cases

This text of 534 S.W.2d 600 (State v. Green) 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. Green, 534 S.W.2d 600, 1976 Mo. App. LEXIS 2386 (Mo. Ct. App. 1976).

Opinion

SWOFFORD, Judge.

Appellant Green was charged by information with Robbery First Degree under Section 560.120 RSMo 1969. His jury trial resulted in conviction and a sentence of ten (10) years in the custody of the Department of Corrections. After an unavailing motion for a new trial, he appeals from such judgment.

He raises two points in support of his request for reversal. The first of these is that the court erred in failing to sustain an objection to a part of the state’s closing argument wherein the assistant prosecuting attorney told the jury that if appellant were released by their verdict, he (the appellant) would return to his “business of forgery”. The second point raised by appellant is that the court erred in refusing to grant a recess during the course of the trial so as to allow appellant time to secure the attendance of certain witnesses who could offer testimony in support of his defense.

A short summary of the underlying facts is sufficient for the resolution of these points. At about 1:00 o’clock a. m., June 9, 1973, two men entered the Quick-Trip Store located at 3 W. 49th Street, Kansas City, Missouri, and advised the assistant manager, Steve J. Thompson, the person then in charge of the store, that “This is a holdup”. The taller of the two men, later identified as the appellant, was carrying a chrome-plated revolver. At the direction of the robbers, Thompson opened up the cash drawer and then was forced to lie face down, on the floor of a back room. While in this position, the shorter of the two robbers struck Thompson on the back of the head with a pistol, causing a laceration and rendering him unconscious.

As the robbers left the store, one Ronald Jones, a customer who lived in the neighborhood, was entering the store and observed the appellant carrying two money bags and a chrome revolver and followed by another man, leaving the store. Jones found Thompson in the back room unconscious; the police were called, and it was found that the robbers had taken at least $45.00 from the cash drawer, bank bags, two books of Republic money orders, $120.00 in cash which was Thompson’s, and Thompson’s wristwatch.

Both Thompson and Jones identified the appellant from police photographs and later in a police lineup. Both made positive in-court identification of him.

The appellant testified in his own behalf; admitted that he had prior convictions for forgery and burglary; denied that he had participated in the robbery here involved; and, presented the alibi that at the time of the robbery he was sitting in a car with his girl friend, Connie Raynor, in front of the house of Connie’s mother at 1202 East 45th Street, at least a mile from the scene of the robbery. He stated that Connie, her mother and possibly her brothers and sisters, could establish this fact. None of these supportive witnesses were produced or testified (which fact will be discussed hereafter in relation to appellant’s second point.)

The appellant further testified on direct examination that on June 11th or June 12th, two men, Phillip Harvey and Fred Martin, came to his apartment and they had in their possession a number of Republic money orders, which he understood had [602]*602been “sneaked thieved”. The following appears as part of the direct examination by appellant’s counsel:

“Q. Now, Julian, did you have in your possession a machine which is used for the forging of signatures on money orders, checks, things of that nature?
A. I did.
Q. You did?
A. Yes.
Q. All right. Did you cooperate with these individuals that came to see you?
A. You see, we made a deal, we made a deal, I let them use my machine in return for some of the money orders.
Q. Were you acquainted with these two persons prior to this time?
A. Yes, I was.
Q. How did you come to know them?
A. I done time with them in the penitentiary and the county jail, and they knew forging was my specialty—
Q. Had you made them aware of the fact—
THE WITNESS: They knew forgery —that’s what I’m known for, you see, and they knew it. Everybody knew it, the police.” (Emphasis supplied)

On cross-examination, he testified that he intended “to try to cash” the money orders he had received for the use of his machine. When asked if he remembered that these were Republic money orders, he stated:

“I definitely did. They were Republic Money Orders. That was my business at the time. (Emphasis supplied)

The following then appears as part of the cross-examination:

“Q. Your business is forgery, isn’t it? A. That’s true.
Q. And when you received these money orders you knew what they were for?
A. I sure did.” (Emphasis supplied)

In the state’s closing argument, the assistant prosecuting attorney, Mr. Stigall, following a statement as to the credibility of Thompson and Jones, the identification witnesses, stated:

“ * * * if you think they came in here and made this whole thing up; if that’s what you believe that’s the evidence, and if you think they are mistaken, turn him loose. Put him back on the streets. Put him back out in his business; and you know what his business is. He told you what it is.
MR. BLOEMKER (defense counsel): Objection. That statement is prejudicial and clearly improper.
THE COURT: Overruled.

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Related

State v. Smith
665 S.W.2d 663 (Missouri Court of Appeals, 1984)
State v. Higgins
619 S.W.2d 94 (Missouri Court of Appeals, 1981)
State v. Bellew
586 S.W.2d 461 (Missouri Court of Appeals, 1979)
State v. Lewis
579 S.W.2d 744 (Missouri Court of Appeals, 1979)
State v. Murry
580 S.W.2d 555 (Missouri Court of Appeals, 1979)
Green v. State
575 S.W.2d 868 (Missouri Court of Appeals, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
534 S.W.2d 600, 1976 Mo. App. LEXIS 2386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-moctapp-1976.