State v. Davis

905 S.W.2d 921 (1995)

Facts

Blackwell, Tabbs, and D were drinking beer and gin. Tabbs drove them in his newly acquired car to the central west end of St. Louis. During the ride one of the others told Tabbs that they were going to 'jack' somebody. The group spied a couple on foot. D and Blackwell left the car, and Tabbs drove one block away. Tabbs testified that D customarily carried a gun, which he concealed in the small of his back. Tabbs did see D reach for the small of his back as he left the car. Hasty and Young were unloading groceries from their car in the parking lot at the rear of an apartment. Blackwell approached Hasty, flourished a knife, and demanded her purse. He then grabbed the purse, and she tried to hold on to it. D headed toward Young. Hasty saw D was carrying a handgun. Hasty heard the sound of chains rattling and assumed that D and Young were wrestling. D said, 'I want your money. Give me your wallet.' She then heard three shots. Blackwell escaped with her purse. Young was lying on the ground and mortally wounded. Blackwell was apprehended and admitted the robbery, identifying D as his companion. He testified for the state after a plea bargain. Tabbs also was apprehended at his home and testified for the state. D was convicted and appealed.