State Missouri v. Junior Ernest Gibson

Junior Ernest Gibson, charged with assault on Minnie Gibson with intent to kill with malice aforethought, was convicted by a jury which assessed his punishment at two years' imprisonment. Sentence and judgment were rendered accordingly. § 559.180, RSMo 1969. (Appeal taken prior to January 1, 1972.) Appellant does not question the sufficiency of evidence to sustain his conviction; and the evidence would permit the jury to find: that on May 18, 1970, at approximately 10 p.m., Minnie Gibson, estranged wife of defendant, left a tavern in St. James, Missouri, with Buster Farrell and Bobby Hopkins; that they got into Mrs. Gibson's automobile and left St. James, driving toward Highway U and the Interstate 44 overpass north and east of St. James in Phelps County; that as she drove along her route, she noticed the blinking lights of a following automobile; that she thought someone was trying to stop her in connection with the needs of Bobby Hopkins's pregnant wife; that she made a left turn, crossed the overpass onto U, and pulled over to the right-hand side of the road and stopped; that when she stopped, the following car stopped behind her; that Bobby Hopkins left Mrs. Gibson's car, went back to the following car, and was shot to death by defendant; that Buster Farrell then went back to the following automobile and also was shot to death by defendant; that she remained in her car and defendant came to her car and fired one shot through the window into her face and one shot into her chest; that, although wounded, she was able to drive to a nearby house to get help. Such evidence made a case of assault with intent to kill with malice aforethought. § 559.180, supra. Defendant's version was that he saw Minnie's car parked at the bar in St. James and he stopped to obtain evidence for his divorce suit then pending against Minnie; that when Minnie and her companions left, he followed; that when he saw they were not returning to town, he passed them and drove on toward the overpass; that Minnie then passed him and, when he arrived at the overpass, he saw Minnie's car and that she and her companions were out of the car blocking his way; that when he stopped behind her car and got out, the two men rushed him and knocked him against his car; that he then reached into his car, got his gun, and started shooting, killing both men; that Minnie got into her car and he thought she was reaching for a gun, so he shot her; that he went to his parents' home and reported the shootings to the authorities; that threats had been made previously on his life by Minnie and Buster. This version was the foundation for an instruction on defendant's right of self-defense by way of reasonable cause to apprehend a design by Minnie Gibson to kill or harm defendant.