[Download] "State Missouri v. Richard Joseph Crossman" by Supreme Court of Missouri Division 2 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Richard Joseph Crossman
- Author : Supreme Court of Missouri Division 2
- Release Date : January 08, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is an appeal from a judgment and sentence of imprisonment for fifteen years imposed by the trial Judge under the Second
Offender Act (§ 556.280, V.A.M.S.) after a jury had found defendant guilty of assault with intent to do great bodily
harm with malice aforethought to Mrs. Kristene Harris (§ 559.180, V.A.M.S.). We affirm. Prior to trial, defendant filed a motion to suppress any in-court identification of him by Mrs. Harris on the basis that
he had been viewed by Mrs. Harris in a confrontation at the police department without benefit of counsel and under circumstances
so fundamentally unfair as to violate his constitutional rights and vitiate any in-court identification by the witness. An
evidentiary hearing was held outside the presence of the jury. In support of his motion, defendant testified that on the morning
of August 8, 1968, he had been arrested by police officers on two traffic charges and on a charge of possible assault, after
which he was taken to the Third District Police Station. He was not questioned, but without anything being said to him about
a lineup and without any advice as to his constitutional rights, he and other prisoners, lined up in a hall preparatory to
being transferred to the Central Station, were observed by Mrs. Harris and two detectives. One of the latter pointed him out
to the woman and said, "There goes Richard Crossman, is he the one," and she replied, "I think so." The detective then said,
"Book him." On cross-examination, the defendant, over objection, was asked about three prior convictions. This was done by
the State on their claim that they had a right to attack his credibility in connection with his testimony on the motion to
suppress.