State v. Pearson

519 S.W.2d 354, 1975 Mo. App. LEXIS 1896
CourtMissouri Court of Appeals
DecidedFebruary 3, 1975
DocketNo. KCD 26790
StatusPublished
Cited by11 cases

This text of 519 S.W.2d 354 (State v. Pearson) 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. Pearson, 519 S.W.2d 354, 1975 Mo. App. LEXIS 1896 (Mo. Ct. App. 1975).

Opinion

SHANGLER, Judge.

The appellant John Joseph Pearson was charged with illegal possession of the controlled substance, amphetamine sulfate, in violation of §§ 195.017 and 195.020, RSMo 1969, V.A.M.S. The jury found him guilty. He appeals from the conviction 'and ten-year sentence of imprisonment.

The jury could have found from the evidence that at about 1:00 a. m. on January 26, 1972; the Kansas City, Missouri Police Department received information that a certain package was in transit from California to Kansas City aboard Continental Airlines Flight 12 from Los Angeles. Detective Grasher went to the air freight office to await the arrival of the flight. The package which engaged his interest was addressed to: “W. Small, c/o John Pearson, 808 East 40th St., Kansas City, Missouri”, and the sender was designated as “Vickie Crowl, 400 East 21st St., Long Beach, California.” After observing that the package had arrived on Flight 12, Grasher instructed the airline employees not to call the telephone number on the package (which proved to be that of appellant’s residence) until he returned. Detective Grasher obtained a search warrant and returned. Around 10 a. m. appellant arrived and claimed the package. Detective Grasher served him with the search warrant, opened the package, and found about 50 clear plastic bags, each containing 1000 or so double-scored white tablets. The officer suspected that the tablets were restricted drugs, so he arrested the appellant and advised him of his rights. Analysis proved that the tablets contained amphetamine sulfate.

In interrogation, the appellant denied that he knew anyone by the name of W. Small, but that he had only responded to the message of the airline to pick up the package, and was merely a messenger. He denied he knew anyone by the name of Vickie Crowl, or even anyone in California. However, during the routine booking procedure at the police station, the jailer found on his person an address booklet which contained the name of a Steven Scribner of 400 East 21st Street, Long Beach, California. At the trial, the appellant repudiated his prior statement and admitted that he had known Vickie Crowl and her husband, Steven Scribner, for three years and had earlier been with them in California. He continued to deny that he knew the contents of the package, or any knowledge of W. Small, whether man or woman, and asserted he had made no effort to get in touch with that person.

The appellant complains that the evidence was insufficient for conviction because there was no proof that he had conscious possession of the proscribed substance. It is clear that in order to prove a conviction of illegal possession under § 195.020, there must be proof, either directly or by inference, that the defendant had a conscious possession of the substance proscribed as contraband by that section. State v. Burns, 457 S.W.2d 721, 724[1,2] (Mo.1970). In a case such as this, knowledge is rarely directly demonstrable but, rather, is ordinarily shown by the circumstances of the defendant’s possession of the prohibited substance. State v. Scarlett, 486 S.W.2d 409, 410[1] (Mo.1972). In this case, there was substantial evidence from which the jury could find that appellant had guilty knowledge of what the package contained. In that determination, these facts are significant: After appellant was notified of the arrival of the package, he claimed it and although it was not addressed directly to him, he was carrying a cutting tool by which the package was opened. The package was addressed to a “W. Small”, a person not known to appellant nor ever located — giving rise to the inference that the designation was both fictitious and for an illicit purpose. The package was consigned from an address listed in a booklet he kept and by a person, Vickie Crowl, he admitted knowing. See, State v. Burns, supra, 457 S.W.2d 1. c. 725[4]. The jury could have inferred guilty knowledge required by the statute [357]*357from his attempt to avoid detection, his denial of acquaintance with Vickie Crowl, or anyone else in California, statements which appellant later repudiated. “The requisite knowledge [of the presence of the substance] may also be proved by the physical appearance of accused, and his declarations, or admissions, and contradictory statements, and explanations, made by him.” 28 C.J.S. Drugs and Narcotics § 204, p. 300.

The appellant next complains that he was entitled to an instruction that it was the duty of the law enforcement officers to prevent, not encourage, crimes; thus, if the officers had knowledge that the package contained amphetamine sulfate and, with that knowledge, allowed the package to come into the possession of the appellant with their consent, the defendant should be discharged. This instruction grossly misconceived the law of entrapment and was properly rejected by the trial court. Entrapment occurs when the criminal intent originates with the governmental agent who lures the accused into the commission of the offense with which he is charged. State v. Decker, 321 Mo. 1163, 14 S.W.2d 617, 619[3,4] (1929). In this case, there was no evidence that the criminal intent originated in the mind of the police officers; they merely permitted the criminal purpose of the appellant to unfold. State v. Burns, supra, 457 S.W.2d 1. c. 726[6].

The final contention of appellant is that the court assisted the prosecutor in the presentation of the case in such a manner as to create an impression before the jury of favor for the prosecutor at the expense of the appellant. The attorney in charge of the prosecution for the State was conducting his first jury trial. During the presentation of his first witness, Detective Grasher, the prosecutor brought into evidence the box which had contained the restricted drugs. The prosecutor then sought to have received in evidence a brown wrapper which was then in the box but which Detective Grasher explained was the covering in which the box had been mailed. Counsel for appellant was granted leave to make inquiry and in response Detective Grasher explained that when he placed the box in the police property room, the wrapper was on it, but then had been removed and placed inside the box by the laboratory technician who examined for fingerprints. Thereupon, attorney for appellant objected to the exhibit as evidence for want of a proper foundation. The prosecutor insisted that the exhibit had already been received.

At this juncture, the court undertook to ask the witness a number of questions concerning his identification of the wrapper, overruled the objection to the exhibit,, but withdrew the ruling to permit defense counsel to pose additional qualifying questions. This colloquy between the witness and the court and defense counsel followed :

MR. SPOONER: You did put your initials on this particular paper ?
THE WITNESS: Yes, sir; I did. I haven’t found them yet. I will find them eventually.
THE COURT: Would that be on just one item of the wrapping that was torn off?
THE WITNESS: It would ’ be on a piece of paper that was torn off. I put it on the package as well as on the paper here. It is a possibility they have faded.

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Bluebook (online)
519 S.W.2d 354, 1975 Mo. App. LEXIS 1896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pearson-moctapp-1975.