(Download) "State Missouri v. Carl Wayne Paxton" by Supreme Court of Missouri Division 2 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Carl Wayne Paxton
- Author : Supreme Court of Missouri Division 2
- Release Date : January 11, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Carl Wayne Paxton has been found guilty of murder in the first degree and sentenced to life imprisonment. In view of his assignments
of error it is again necessary to set forth that part of the information charging the substantive offense of murder in the
first degree: that on June 16, 1968, in Andrew County, Paxton "did then and there unlawfully, wilfully, feloniously, on purpose
and of malice aforethought, while in the perpetration of a robbery, shoot and assault on Montford Lyle * * * with a deadly
weapon, towit: a .22 caliber revolver, thereby inflicting upon the said Montford Lyle * * * mortal wounds from which mortal
wounds the said Montford Lyle * * * did die on June 16, 1968." Thus plainly the information directly and properly charges
Paxton, not as an aider or abettor as in some circumstances is sometimes done (State v. Porter, Mo., 207 S.W. 774), with murder
in the first degree: "and every homicide which shall be committed in the perpetration or attempt to perpetrate any * * * robbery
* * * shall be deemed murder in the first degree." RSMo 1959, § 559.010. Throughout the trial and upon this appeal
it is claimed that while Paxton took part in the robbery of Mr. Lyle he was not a party to his murder which admittedly was
by his accomplice in the robbery, Hunter, who in freeing himself from Lyle shot him with a .22 caliber pistol. But even in
these circumstances, whatever the proof, Paxton was as a principal or as an accessory "charged, tried, convicted and punished
in the same manner, as the principal in the first degree." RSMo 1959, § 556.170; State v. Spica, Mo., 389 S.W.2d
35. Here the fact of a homicide in a robbery was charged even though the fact of a robbery could have been shown upon the
mere charge of a murder. State v. Sykes, Mo., 436 S.W.2d 32, 34. In brief these were the circumstances of the robbery and of Mr. Lyle's death: Paxton was well known in the Amazonia community
of Andrew County and counted himself a friend of Mr. Lyle, the owner-operator of "Lyle's Tavern." In fact the town marshal
had seen Paxton in Lyle's Tavern on the preceding Friday and Hunter was with him. On June 15th between 12:00 and 12:15 the
town marshal observed that Mr. Lyle was turning out the lights and closing his tavern. He was not seen again until the following
Monday when his waitress came to work and found him dead in front of the bar. He had been shot twice, once above the right
ear and a second time "two inches to the front." The cash register was open and the drawer next to it pulled out and a Hershey
box in which Mr. Lyle usually kept some money and valuables was missing.