(Download) "State Missouri v. Calvin Northcutt" by Supreme Court of Missouri En Banc ~ eBook PDF Kindle ePub Free

eBook details

Title: State Missouri v. Calvin Northcutt
Author : Supreme Court of Missouri En Banc
Release Date : January 13, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Calvin Northcutt, convicted of shooting into a dwelling house in violation of § 562.070, RSMo 1969, 1 was sentenced in accordance with the jury's verdict to six months in the county jail and fined $200.00. The cause was transferred here from the Court of Appeals after opinion reversing the trial court's judgment and we review as though on original appeal. Art. V, § 10, Mo. Const. Defendant for his allegations of error, contends; (1) the building into which defendant fired his revolver was not shown to be a dwelling house as that term is employed in § 562.070, and (2) the main verdict-directing instruction improperly substituted the word intentionally for the statutory term willfully when describing the acts proscribed. We affirm. Northcutt was drinking at the Cotton Stop Tavern located near Sullivan, Missouri during the morning of May 14, 1976. He left for a period in the afternoon but returned to the tavern where he began playing his violin. Shortly afterwards a fight developed between Northcutt and another patron who sought to play the jukebox and the waitress refused to serve appellant any more to drink. With this he became belligerent, profanely threatening to get his gun and shoot all of those in the place. He then left in his jeep but returned to the parking lot in front of the tavern, where, brandishing a .357 magnum revolver, he fired a number of shots, five of which went through the windows and one through the tavern's door. At the time, the tavern owner, Mr. Bass, the waitress, Mrs. Bylo, and a number of patrons were in the bar. Mr. Bass sustained an injury to a finger on one hand. Mrs. Bylo was struck in the eye by some debris as the bullets ripped into the building.