(Download) "State Missouri v. Thomas Paul Gower" by Supreme Court of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Thomas Paul Gower
- Author : Supreme Court of Missouri
- Release Date : January 10, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
By information alleging a prior felony conviction defendant was charged with burglary, second degree, and stealing. Sections 560.070 and 560.156 (all references to sections of statutes are to RSMo 1959 and V.A.M.S.). A jury found him guilty as charged. His motion for new trial was overruled and he was sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of seven years for burglary and seven years for stealing, the sentences to run concurrently. Sections 560.095, 560.110, 556.280. Defendant appeals. There is no contention that the evidence is not sufficient to sustain the judgment of conviction; hence, a brief summary will suffice. On Monday, November 15, 1965, at about 11:00 P.M., defendant and one Jerry Keltner broke into and entered the Little Reno Club located on a highway by-pass between Highways 166 and 266 in Greene county; there they tore open and took $76.26 in coins from a cigarette vending machine. They were caught inside the Club. Edgar Walters, owner, and his wife live in a house approximately 100 feet east of the Club building; they had retired for the evening a few minutes before the burglary occurred. Mrs. Walters saw an automobile drive up to the building; it stopped, its lights were turned off, and two men got out and went to the building. By the time Mr. Walters could get outside his home the defendant and his companion had entered the Club; Walters could hear them tearing open a cigarette machine. Mrs. Walters immediately called the sheriff's office and reported the burglary in progress. Within a few minutes sheriff's deputies Jerry McCafferty and Ken Nobles arrived at the scene. Nobles stayed with the police car while McCafferty, with a gun in one hand and a flashlight in the other, walked into the Club building. As he entered he saw defendant and Keltner standing behind the bar; he called to them to stand still and raise their hands; instead, ""They * * * ducked down behind the bar * * *."" Walking closer to the bar, McCafferty identified himself as a police officer and told them he was armed; a voice behind the bar said: ""I'm armed, too, and I'll shoot * * *;"" at this instant, McCafferty saw ""* * * a hand sticking around the end of the bar with a gun in it."" He immediately stepped back and as he did so a shot was fired, missing him. The officer fired one shot in the direction from which the shot had been fired at him; he heard ""* * * a very strange laugh * * *"" and then a hand from behind the bar placed a .22 caliber H & R revolver on the bar top and ""* * * pushed it down the bar * * *;"" defendant slowly followed that hand upwards and ""* * * stood up with his hands in the air."" Keltner remained hidden. McCafferty arrested defendant and took him out to Officer Nobles at the police car. Nobles was searching defendant when Lieutenant Ronald Wilcox of the Greene county sheriff's office drove up and took over from Nobles the search of defendant's person. Shortly thereafter officer McCafferty and Lieutenant Wilcox entered the building and found Keltner hiding on a shelf below and behind the bar. The Club had not opened for business that day; earlier in the evening Mr. Walters had checked and found all outside entrances to the Club building securely locked. Defendant did not testify.
 "State Missouri v. Thomas Paul Gower" by Supreme Court of Missouri * eBook PDF Kindle ePub Free){kind=link}