STATE FARM MUTUAL AUTO. INS. CO. v. WORTHINGTON

No. 19194.

405 F.2d 683 (1968)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, Appellant, v. Ruby WORTHINGTON, Appellee.

United States Court of Appeals Eighth Circuit.

December 13, 1968.


Attorney(s) appearing for the Case

Fred F. Wesner, of Wesner, Wesner & Meyer, Sedalia, Mo., for appellant.

James O. Turner, of Downs & Pierce, St. Joseph, Mo., for appellee; Don Pierce, St. Joseph, Mo., on brief.

Before BLACKMUN, GIBSON and HEANEY, Circuit Judges.


FLOYD R. GIBSON, Circuit Judge.

The crucial issue in this garnishment proceeding is whether a plea of guilty to a manslaughter charge is a conclusive admission of the commission of an intentional act, not subject to explanation in a subsequent civil proceeding.

Senior Judge Richard M. Duncan of the United States District Court for the Western District of Missouri, in a case tried to the court, a jury having been waived, ruled a plea of guilty is not conclusive...

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