State v. Payne

612 S.W.2d 353, 1980 Mo. App. LEXIS 3288
Missouri Court of Appeals·Decided December 16, 1980·No. No. 41184·Published·Cited by 8 cases

Opinion

DOWD, Judge.

Robert Earl Payne, defendant-appellant, was convicted by a jury of manslaughter, arising from the shooting death of his wife, Kadelia Payne. Defendant was sentenced under the second offender act to a term of ten years in the custody of the Missouri Department of Corrections.

On this appeal, defendant contends that the trial court erred in (1) overruling his motion for judgment of acquittal because the evidence was insufficient to support his conviction; and (2) permitting testimony relating to a blood sample obtained from the coroner’s office because the state failed to establish a proper foundation and chain of custody for the sample.

Defendant contends that there was insufficient evidence to sustain the verdict of manslaughter. Specifically, defendant argues there was insufficient evidence to prove his criminal agency in the killing of Kadelia Payne. In reviewing the sufficiency of the evidence we accept as true all evidence in the record tending to support the jury’s finding of defendant’s guilt, together with all favorable inferences that can reasonably be drawn therefrom and disregard all contrary evidence and inferences. State v. Morgan, 592 S.W.2d 796, 805 (Mo. banc 1980). If there is substantial evidence to support the jury’s finding, the verdict will not be disturbed. State v. Crews, 585 S.W.2d 131, 136 (Mo.App.1979).

The state must prove defendant’s criminal agency, that is, a criminal act of the defendant which was a cause of the victim’s death. State v. Morris, 564 S.W.2d 303, 309 (Mo.App.1978). Defendant’s criminal agency may be proven by circumstantial evidence. State v. Lenza, 582 S.W.2d 703 (Mo.App.1979), cert. denied, 444 U.S. 1021, 100 S.Ct. 678, 62 L.Ed.2d 652 (1980); State v. Morris, supra. Where, as here, a conviction rests on circumstantial evidence, facts and circumstances to establish guilt must be consistent with each other, consistent with the hypothesis of defendant’s guilt and inconsistent with and exclude every reasonable hypothesis of defendant’s innocence. But the circumstances need not be absolutely conclusive of guilt or demonstrate impossibility of innocence, and the mere existence of other possible hypotheses is not enough to remove the case from the jury. State v. May, 587 S.W.2d 331, 334 (Mo.App.1979); State v. Miceli, 549 S.W.2d 113, 115 (Mo.App.1977).

On October 31, 1977 two police officers responded to a call concerning a shooting at a house in the City of St. Louis. Defendant and his wife, Kadelia Payne, lived in this house along with several other people. The police arrived at approximately 4 a. m. They entered the front door of the residence and observed Kadelia Payne in a sitting position on the floor, being supported from behind by defendant. Mrs. Payne was covered with blood and was making a moaning sound, but was unable to communicate. When the police asked defendant what happened he said, “I’m sorry, I’m sorry” and then told the police his wife had been shot by someone from outside. An ambulance arrived and took Mrs. Payne to the hospital. Defendant also went to the hospital.

[355]*355While defendant was at the hospital the police examined the foyer area where the victim had been found and the area in front of the house. They found no evidence which would indicate that a gun had been fired from outside the house. Inside the house police found what appeared to be blood on the staircase leading upstairs. Subsequent police laboratory tests confirmed that this was human blood. Blood was found on the stairs all the way up to the third floor, and continued down the third floor hallway leading to a room at the end of the hall. Just inside the doorway to this room was a pool of blood with streaks of blood extending from the pool toward the hallway. Further inside the room was another accumulation of blood located on the floor in front of a dresser.

Defendant was returned to the home at the request of the police. Upon arrival, defendant told the police that he and his wife had been upstairs in their room when they heard a knock on the door. Defendant said that his wife went down to check it, then he heard a scream and came down to the first floor where he “found her like that.” A .32 caliber revolver was found on top of a radiator in a room located off the foyer area from where the victim had first been observed by the police. More blood stains were discovered along the edge of the door to this room. In the revolver the police found six bullets. One of these bullets had been discharged. The discharged shell was immediately underneath the hammer of the weapon. No fingerprints were found on the gun. Defendant told the police that the gun was “ours.”

Kadelia Payne died approximately three hours after having been admitted to the hospital. An autopsy was performed the following day, November 1, 1977. The pathologist who performed the autopsy concluded that the victim was killed as a result of a bullet wound to the head. The bullet had entered the victim’s right temple, passed through both temporal lobes of the brain and was recovered from the skin of the opposite temple. The doctor testified that the victim would be incapable of performing any voluntary act after sustaining such an injury. There was no evidence that the bullet had been fired from close range, and the doctor stated that the victim was shot from a distance of more than twelve inches.

The bullet recovered from the victim’s head and the revolver found in the first floor room were analyzed by the police firearms identification laboratory. A test bullet was fired from the weapon and compared to the bullet that caused the victim’s death. Both bullets were .32 caliber. These bullets were examined for certain markings which are implanted on a bullet as it passes through the barrel of a weapon. Each bullet was marked with five lands and five grooves, and these lands and grooves were the same width for each bullet. Also, the recovered bullet was fired from a barrel with a right-hand twist and the test bullet had a right-hand twist. However, the recovered bullet was so mutilated that the police were unable to conclusively determine that the recovered bullet had been fired from the revolver found in the home.

When considered in its entirety the evidence supports the jury’s verdict. The jury could reasonably find that the victim was intentionally killed, and that her death was not the result of accident or suicide. There was also sufficient evidence to support a finding of defendant’s criminal agency in the death of the victim. Defendant’s conduct following the commission of the offense was indicative of a consciousness of guilt and an attempt to remove suspicion from himself. There was no evidence of blood on any other person residing in the home, and blood was found only from the third floor bedroom down to the first floor foyer and on the door to the room where the gun was found. Defendant’s initial response when the police arrived at his home was to say “I’m sorry, I’m sorry”. The jury could readily find that defendant lied when he told the police his wife had been shot from outside when she went to answer the front door.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Payne, 612 S.W.2d 353, 1980 Mo. App. LEXIS 3288 (Mo. Ct. App. 1980).

612 S.W.2d 353 (State v. Payne) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Edwards
116 S.W.3d 511 (Supreme Court of Missouri, 2003)
State v. Fears
803 S.W.2d 605 (Supreme Court of Missouri, 1991)
State v. Sherrill
657 S.W.2d 731 (Missouri Court of Appeals, 1983)
State v. Branscomb
638 S.W.2d 306 (Missouri Court of Appeals, 1982)
State v. Barnett
628 S.W.2d 917 (Missouri Court of Appeals, 1982)
State v. Jackson
625 S.W.2d 627 (Supreme Court of Missouri, 1981)
State v. DeSilva
636 P.2d 728 (Hawaii Supreme Court, 1981)