Is is the only known case of a Mouse being convicted for assaulting a man and the Missouri Supreme Court is not going to hear an appeal of that conviction.
The Court Tuesday said it would not hear Nicholas Mouse's appeal of his 2002 conviction in Jasper County Circuit Court.
Mouse had claimed Judge Jon Dermott erred in not allowing an expert witness who could have testified as to his state of mind. There were no allegations that there wasn't enough evidence to convict Mouse.
The opinion related the evidence that was presented at trial. William Wilkerson was talking on his phone at his Jasper County home when Mouse knocked on his door. He told him to come in and while Wilkerson continued to talk on the phone, Mouse attacked him with a knife, stabbing him at least 12 times. Wilkerson was able to call 911 and was taken to Freeman Hospital, where his family was told he would probably not survive the night.
Mouse said he did not remember much. He remembered eating at Burger King then going to Wilkerson's home, being told to come inside and hearing Wilkerson say, "Hi, Indian, be with you in a minute." He also remembered reaching into his pocket, taking out his knife and unfolding it, then scuffling with Wilkerson. "Defendant said he noticed a large knot on Wilkerson's head, (and) that he asked himself what he had done."
After Mouse left the Wilkerson home, he went to a friend's home, throwing his beer cans out his truck window. He told the friend he needed to hide his truck because "the cops would be looking for him." He took a shower, then left and went to another friend's home. After he left there, another friend picked him up and convinced him to turn himself in at the Jasper County Sheriff's Department.
Mouse's appeal was directed at Judge Dermott's refusal to allow him to present evidence that his drinking and drug use had affected his state of mind. The expert testimony was not allowed since Mouse's use of these substances was voluntary.
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