(Download) "State Missouri v. Marcella Brown" by Supreme Court of Missouri En Banc # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Marcella Brown
- Author : Supreme Court of Missouri En Banc
- Release Date : January 14, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendant-appellant Marcella Brown appealed to the court of appeals, St. Louis district, from her conviction of murder in
the second degree and twenty-five year sentence. A three-Judge panel of the court of appeals, by opinion, reversed and remanded
the case for error in refusing to permit defense counsel to interrogate the jury panel on voir dire with reference to self-defense
and held that defendant did not waive her objection by "accepting the jury" in the manner that appears infra, one Judge Dissenting.
Thereafter, and on application of respondent, this court transferred the appeal pursuant to Art. V, sec. 10, Mo.Const., as
amended 1970, because the opinion of the court of appeals appeared to conflict with State v. Turnbough, 498 S.W.2d 567 (Mo.
1973). Much of the following opinion is taken from the court of appeals opinion of Clemens, J. Defendant and victim Hugh Massey had occupied adjoining third-floor apartments in a converted residence in St. Louis. They
shared a bathroom and defendant had complained to the apartment manager about Massey drunkenly soiling the bathroom. The manager
ordered Massey to move out and locked his apartment; he told defendant not to let Massey back in. Defendant admitted to police:
That night she heard someone breaking into a second-floor bathroom through an outer window; she got her shotgun and went down
the hall to the bathroom; as Massey suddenly and drunkenly emerged from the bathroom she shot and killed him.
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