State Missouri v. Jessie Brittain

Defendant, Jessie Brittain, appeals after sentencing in accord with a verdict of guilty. The jury found defendant guilty of second-degree murder in violation of § 565.021 RSMo 1986. He was sentenced to a term of thirty years imprisonment. Defendant filed pro se and amended motions seeking post-conviction relief pursuant to Rule 29.15. The motion court denied the motions without an evidentiary hearing. This consolidated appeal follows. We affirm. Viewed in the light most favorable to the verdict, the evidence presented to the jury was as follows. On April 5, 1992, defendant was living with Martha Koenig in an apartment at 3706 South Broadway in the City of St. Louis. Koenig's daughter, Tina West, was staying with them for a week-long visit. That day, defendant and Koenig went to a barbecue in their neighborhood at the home of Mary Bounds. Defendant's son, Donnie Brittain, and some neighbors were there. The individuals involved were all consuming beer in large quantities at the barbecue. It ended at about 7:00 p.m. Approximately an hour later, defendant, Koenig, Bounds, Bounds' four-year-old son, and Donnie Brittain all went to the Oasis Tavern at Cherokee and California. They consumed more alcoholic beverages. They left at approximately 1:00 a.m. the next morning, April 6, 1992. The group then got something to eat at a Zipps restaurant before they returned to the apartment complex. Meanwhile, Tina, who was already at the apartment, noticed her mother returned home approximately 20 to 30 minutes before defendant. When he arrived, defendant and Koenig began to argue. Tina saw defendant strike Koenig with the palm of his hand. Tina then went to Bounds' apartment to bring her back to the apartment where Tina was staying with defendant and Koenig. Bounds went into the back bedroom of the apartment where she found defendant arguing with Koenig. Bounds heard a ""hit"" and saw Koenig fall off the bed and strike her head on a window ledge as she fell to the floor. Defendant continued arguing with Koenig, telling her to give him rent money. Koenig repeatedly told him no. She said something about having bought a van and she could not pay defendant all at one time for the rent.