State v. Burnett
State v. Burnett
Opinion of the Court
This appeal from a conviction of first degree robbery, § 560.120 RSMo 1969, V. A.M.S., in the Circuit Court of the City of St. Louis presents a single Point for review, i. e., whether the trial court erred in not sustaining the defendant’s motion for judgment of acquittal at the close of all of the evidence. We affirm.
In determining the sufficiency of the evidence in a criminal case after a verdict of guilty, the Court accepts as true all evidence in the record tending to prove the defendant’s guilt, whether such evidence is circumstantial or direct in nature, together with all favorable inferences that can reasonably be drawn therefrom and disregards all contrary evidence and inferences.
After hearing this evidence the jury returned a verdict finding the defendant guilty of robbery in the first degree and fixed his punishment at five years in the Missouri Department of Corrections. After defendant’s motion for new trial was denied, sentence was imposed in accord with the jury verdict and judgment entered.
Appellant’s argument in support of his position in this court is that the testimony of Ms. Deeds was so contradictory and riddled with inconsistencies that her testimony was opposed to all reasonable probability. Inasmuch as Ms. Deeds was the only eyewitness offered by the State who identified the defendant as a party to the crime, he further contends that the state’s evidence was therefore incredible, self-destructive and opposed to known physical facts so that the judgment cannot stand.
In support of this argument he cites four instances in which he contends that Ms. Deed’s tetsimony was self-contradictory, contrary to known facts, and/or in disagreement with the testimony of other witnesses. It would serve no purpose to lengthen this opinion by setting forth in detail what this testimony was, because we have, after careful reading of the transcript, concluded that whatever inconsistencies or contradictions appellant has read into Ms. Deed’s testimony constituted conflicts with evidence offered by defendant in support of his defense that he did not commit the robbery and were properly questions for the jury to resolve, not this court. Where evidence is substantial, the effect of conflicts or inconsistencies, or mere improbabilities are questions for the jury in the first instance and it is the province of the trial court to determine whether the verdict is against the greater weight of the evidence, and its finding in that respect will not be set aside by an appellate court unless an abuse of its discre
We have considered the sufficiency of the information, verdict, judgment and sentence as we are required to do by Rule 28.-02, V.A.M.R., and find them to be in proper form. We affirm.
Reference
- Full Case Name
- STATE of Missouri, Plaintiff-Respondent v. Ralph BURNETT
- Cited By
- 2 cases
- Status
- Published