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eBook details

• Title: State Missouri v. Troy Clark
• Author : Supreme Court of Missouri Division 2
• Release Date : January 13, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

A jury found Troy Clark guilty of murder in the second degree and fixed his punishment at 60 years' imprisonment; the trial court reduced the punishment to 45 years' imprisonment and he has appealed. For eight or nine years Nick and Patricia Russo operated the Hanger Bar at 3800 E. 31st Street. The area residents once predominately white had become predominately Negro and the Russos changed their operation from a public bar or tavern to a private club in which the 1400 or 1500 members were admitted by card for which they paid a yearly membership of fifty cents. On September 3, 1965, about ten o'clock, Mrs. Russo was at the bar, her husband was in the office in a back room and there were three or four patrons, two sitting on stools at the bar, one about the middle and one at the back. The appellant Clark, a Negro, walked in, sat on a stool at the back end of the bar and asked Mrs. Russo for a beer. She asked for his club membership card and he asked to see the manager. Pat went to the rear and called her husband who came out and at the back end of the bar engaged Clark in conversation, there were no threats or heated words and the witnesses could not hear what they said to one another. They all agree, including Clark, that Nick and Clark started toward the front door, Nick holding onto Clark's arm as if escorting him out. Pat, facing the bar, suddenly yelled ""Nick,"" and Clark whirled with a gun in hand, said ""Here's my card, buddy"" and fired two shots, one striking Nick in the chest. Pat got a revolver from back of the bar and as Nick held onto Clark and they both fell to the floor fired one shot in their direction and she says that Clark from a kneeling position fired one shot at her. She handed the revolver to Tom Cook and went to call the police. At the second shot by Clark, Ted Harrison hit him over the head with a chair causing him to drop his umbrella and his gun, a .25 caliber Italian-made Delesi-Brescia automatic. Clark did not fall all the way to the floor but as he dropped his gun ran out the front door in a crouched position with Tom Cook in pursuit firing Nick's .32 caliber Smith & Wesson revolver. Clark, one bullet through his right arm and a ""grazing wound"" on his stomach, was taken to St. Luke's Hospital where he was arrested.

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