State v. Chambers

524 S.W.2d 826 (1975)

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Nature of the Case

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Facts

D and Ray Collins were good ole boys. They had been drinking, and D announced his intention 'to go get a pickup at Hi Dollar Joe Burtrum's.' They arrived at Burtrum Brothers Motor Company. D broke a window out of the pickup, hooked a chain to it and started pulling the pickup down the road. Collins was steering the pickup and D was towing in his Ford Torino. The pickup collided with an oncoming automobile. Joe Burtrum had observed the theft. He heard the sound of glass breaking and saw the Ford Torino pulling the pickup camper north. It was dark; there were no lights on either of the vehicles; and, as they proceeded they were accelerating rather rapidly, weaving from side to side of the road. They crossed the center line several times. D fired two or three shots from his pistol. He followed them and heard a crash, and saw that the pickup truck had crossed into the southbound lane and hit a Valiant automobile head-on about a quarter of a mile from the car lot. There were four persons in the Valiant, all of whom died in or as a result of the collision. D was convicted of stealing and four counts of murder. D appealed on the theory that the underlying felony of stealing, being an essential part of felony-murder, merged into the murder counts, they being the greater charge. A conviction on one felony would exclude a conviction on the other felony. To be tried and convicted for both felonies [the stealing and murder, second degree] is in violation of the doctrine of double jeopardy.