![]() At the preliminary hearing Sergeant Dwyer testified in detail concerning the circumstances under which defendant made the oral statements, and he related the warnings that were given to defendant by Mr. Melroy Hutnick, an assistant circuit attorney, questioned defendant at the hospital, and defendant made oral statements amounting to a confession of the crime of which he was charged. On March 2, 1966, after the doctor in charge gave permission, Police Sergeant Dwyer and Mr. After the jury was sworn and prior to the opening statements of counsel, at the request of defendant a hearing was held out of the presence of the jury "on the voluntariness of the statement" made by defendant to police officials at the hospital. 1060, 293 S.W.2d 335.īefore we consider defendant's remaining point, certain procedural matters should be noted. This authorized the finding that defendant was guilty of murder in the first degree pursuant to what is known as the felony-murder doctrine. In his automobile there were stains made by human blood which was identified as "type O with the M factor present." This was defendant's type of blood.įrom the facts as above outlined the jury reasonably could find that defendant and his two companions were engaged in perpetrating or attempting to perpetrate a robbery when Mr. ![]() On February 19, the day following the shooting, Youngerman was arrested. These three bullets were examined by a ballistic expert, and all of them had been fired from the same gun. Hemmersmeier was removed from his body, and the bullet which wounded defendant was also recovered. ![]() Later that evening defendant was found lying in the street near the City Hospital, and he was taken in and given medical treatment. His two companions helped him to the automobile. Defendant was also shot, and he left the office. Hemmersmeier was shot, and by reason thereof he later died. The three of them donned "stocking masks," knocked on the door, and when the door was opened they "pushed in." Three shots were immediately fired. They parked their automobile, walked to the real estate office of Mr. Mandino asked if they wanted to "kick in a place," and said it would be worth about $10,000. They stopped at a Western Auto Store and purchased "some slugs," which apparently referred to bullets for a.38 caliber pistol. On February 18, 1966, defendant and two companions, Richard Youngerman and Sam Mandino, were in Youngerman's automobile. *165 Defendant first contends that "no legally competent evidence was adduced by the State to make a submissible case."Ī jury reasonably could find the following facts. At trial and on this appeal defendant was represented by employed counsel of his choice. He was found guilty by a jury and sentenced to life imprisonment. Motion for Rehearing or for Transfer to Court En Banc Denied July 8, 1968.ĭefendant Richard Devoe was charged by indictment with murder in the first degree. Motion for Rehearing or for Transfer Denied July 8, 1968.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |