State Missouri v. Mildred Ann Simon

A jury found defendant Mildred Simon guilty of murder in the second degree, § 565.004, 1 and assessed her punishment at ten years' imprisonment. Defendant appeals. Defendant does not challenge the sufficiency of the evidence to support the verdict. Defendant contends that the trial court erred in overruling her motion to suppress a statement, reduced to writing and admitted into evidence as state's Exhibit 58, which she gave on September 3, 1982, in Newburgh, New York, to Det. Sgt. Phillip Ginquitti of the Newburgh Police Department. Defendant was born on December 11, 1965. The statement was given in the presence of defendant's mother Julia Decker. Also present was Det. William Engle of the Youth Division of the City of Newburgh Police Department. The statement was incriminating.