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• Title: State Missouri v. Kenneth Hardin Norris
• Author : Supreme Court of Missouri
• Release Date : January 11, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendant, charged under the habitual criminal statute (Sec. 556.280), was convicted of assault with intent to rob with malice
aforethought (Sec. 559.180) and sentenced to 25 years' imprisonment. (Statutory references are to RSMo and V.A.M.S.) Defendant
has appealed and makes the following two claims of error: (1) the court erred in failing to give instructions on lesser grades
of the offense; and (2) the court erred in giving Instruction No. 1 authorizing the verdict found. Considering first the latter, the State's evidence was that defendant and his companion Elmer Hammond hailed a taxi, driven
by Lawrence Aubuchon, at Mississippi and Park in St. Louis. When Aubuchon picked them up, he was told to take them to Broadway
and Market. At the south end of the Fourteenth Street Viaduct (over the railroad tracks) defendant grabbed Aubuchon about
the back of his neck with his left hand and put a knife against his throat held in his right hand, saying "keep driving you
son of a bitch and don't give us no shit." Aubuchon said: "I grabbed his wrist, tried to pull it away a little bit. I said
I won't cause you no trouble." Defendant told him to "shut up", emphasized by more vile language, and pulled the knife back
toward his throat. At that moment, Aubuchon saw a police car (with which there were two officers) on the viaduct and started
to drive over toward it. Defendant said "don't you dare" but Aubuchon drove over against the police car, stopped his cab,
jumped out and told one of the officers that "a fellow in the cab had a knife on me." One of the officers went to each side
of the cab and arrested the men in the back seat. A steak knife was found on the floor of the cab in front of the back seat.
(The knife had a 4-1/2 inch, very sharp, stainless steel blade.) On cross-examination the following occurred: "Q Did either
of the men in that cab ask you for your money? [Objection made and overruled.] A They didn't ask for any money at that time.
Q At any time did they ask you? A Hadn't got that far. * * * Q Mr. Aubuchon, just to clarify this, you stated there was no
conversation before this alleged threat. So, in other words, there was no argument of any kind between you and the passengers
of your cab? A No, sir. Not until he grabbed me."

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