State Missouri v. Nelson R. Monk

Appellant was convicted in a jury trial of attempted robbery in the first degree, § 564.011, RSMo (1978), and assault in the first degree, § 565.050, RSMo (1978), and sentenced to concurrent terms of ten and fifteen years' imprisonment respectively. We affirm. Since appellant does not challenge the sufficiency of the evidence, we will briefly review the facts in the light most favorable to the verdict. State v. Wallace, 644 S.W.2d 382, 383 (Mo.App. 1982). On the night of September 3, 1980, several members of the Auxvasse Country Club met in the clubhouse to play cards. At approximately 12:30 a.m., Maurice Nolan, appellant's accomplice, broke a glass pane of one of the windows of the clubhouse with a pistol, and appellant, wearing a ski mask and carrying a .12 gauge shotgun, entered the clubhouse and ordered the cardplayers to put their hands against the wall. Appellant then told a club member, Marlon Landhuis, to collect the money on the card table. Another member, Billy Boyce, suddenly lunged at appellant and began striking him. Appellant then shouted to Nolan ""shoot him."" Nolan fired several shots, one of which hit Landhuis and one of which hit the appellant. After the shooting stopped, the other club members vigorously subdued the appellant. The police subsequently arrived and arrested appellant.