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eBook details

• Title: State Missouri v. Joseph L. Wallace
• Author : Supreme Court of Missouri Division 2
• Release Date : January 10, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Joseph L. Wallace, defendant, appeals from a judgment sentencing him to imprisonment for life on his conviction by a jury of first degree murder. The notice of appeal was filed prior to January 1, 1972, the effective date of the 1970 amendment of Mo. Const. Art. V, § 3. We affirm. Defendant contends that there was not sufficient evidence to sustain the conviction. Purtis Pool testified that he was in Jim's Service Station located at 17th and Cass in the City of St. Louis on the evening of November 4, 1970, at about 7:30 o'clock, talking with its owner, James Shivers; that Mr. Shivers was seated with his feet up on his desk and he (witness) was leaning on the desk facing Shivers when defendant and another man walked in the door and asked to use the telephone; that immediately after using the telephone, he heard defendant say, ""Don't nobody move, this is a stick-up, don't nobody move""; that as he heard this voice, he looked to his left and saw defendant with a pistol in his hand pointed at Jim Shivers; that in response to the announcement that this is a stick-up, Mr. Shivers said, ""You have got to be kidding,"" and started to stand up; that as Shivers moved, defendant fired three shots at him and Shivers slumped over the desk; that he (witness) grabbed the gun, struggled with defendant, and was shot during the struggle. There was medical testimony that Mr. Shivers was dead on arrival at the City Hospital a few minutes later. A post-mortem examination performed the next day showed that he received three gunshot wounds, one of which had entered his left chest, penetrated his heart, and produced death. The other two shots entered his arms. This evidence is sufficient to support the conviction.

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