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Criminal Law Keyed to Weaver
State v. Davis
Citation:
905 S.W.2d 921 (Mo. Ct. App. 1995)Facts
Blackwell, Tabbs, and Davis were drinking beer and gin. Tabbs was driving the three to the west end of St. Louis. During the ride one of the two others stated they were going to “jack” somebody. They spotted Hasty and Young getting groceries out of the back of their vehicle. Blackwell and Davis exited the vehicle, and Tabbs drove one block away. Blackwell approached Hasty with a knife and demanded her purse. She tried to hold onto to it. Davis approached Young, Hasty noticed that Davis was brandishing a handgun. Hasty heard the sound of chains rattling, and assumed Davis and Young were wrestling. Then Hasty heard “I want your money. Give me your wallet.” Hasty then heard three shots. Upon this, Blackwell was able to snatch the purse from Hasty. Hasty then went to the aid of Young. Young and Davis struggled for 30 feet. Young was mortally wounded and died before arriving to the hospital.
Tabbs and Blackwell testified for the state. Tabbs testified that he knew that Davis customarily carried a handgun in the small of his back. While he did not see it on this occasion, he did see Davis reach for the small of his back as Davis approached Hasty and Young. Blackwell testified he saw Davis and a man wrestling and he saw Davis pull the gun on the man and shoot him. Hasty testified that Davis was carrying the handgun as Blackwell and him approached.
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