Ellington v. State, F--73--286
| Decision Date | 07 November 1973 |
| Docket Number | No. F--73--286,F--73--286 |
| Citation | 516 P.2d 287 |
| Parties | Gary W. ELLINGTON, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
In the District Court, Ottawa County, Case No. CRF--71--199, appellant, Gary W. Ellington, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Robbery with Firearms. His punishment was fixed at twenty (20) years imprisonment. From that judgment and sentence, he has perfected a timely appeal to this Court.
As no questions regarding the sufficiency of the evidence are raised in this appeal, a detailed statement of the facts is unnecessary. Suffice it to say the evidence at the trial revealed that on March 19, 1971, between 8:00 and 8:30 a.m. defendant and a male companion drove a turquoise and white 1957 Chevrolet to the gasoline pumps on the premises of the Shawnee Grocery, located on Highway 10 approximately five miles from the Miami, Oklahoma, city limits. The pair ordered a $3.00 purchase of gasoline. Judy Doudhit, apparently in charge of the grocery at the time, filled the order and upon reentering the grocery, observed defendant and his companion shopping inside the store. Defendant approached the checkout counter and his companion remained near the rear door. A box of shotgun shells, two cans of oil and a 'six-pack' of beer were placed on the checkout counter. Subsequently, defendant brandished a firearm and ordered Doudhit to produce all bills and large coins from the cash register. She complied with the demand with the items on the counter and approximately $200 in bills and change placed in a shopping bag. Thereafter, Troy Harris, an employee of the Basteen Wholesale Grocery Company, at gunpoint, was ordered to produce his wallet. Harris complied by placing his wallet on the checkout counter. Subsequently, his wallet was returned to him. As defendant and his companion were preparing to leave the premises, defendant's companion approached Doudhit and Harris and sprayed their eyes with a chemical substance similar to mace. After this occurrence, the pair left the premises.
In summary defendant's testimony generally established an alibi revealing that at the time of the robbery defendant was in the city of Quapaw negotiating a loan for the purchase of a 1967 Chevrolet Caprice. The evidence surrounding this alibi was inconsistent with much of it refuted by rebuttal testimony presented by the State.
Defense counsel first contends the Information is defective on its face for the reason that it is not personally verified by the district attorney of Ottawa County. Counsel argues 22 O.S.1971, § 303 mandates the district attorney personally verify each information filed in his district. We do not...
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Ellington v. Crisp, PC--76--37
...to a term of twenty (20) years' imprisonment, and his judgment and sentence was affirmed on appeal by this Court in Ellington v. State, Okl.Cr., 516 P.2d 287 (1973). Subsequently, the defendant filed an application for post conviction relief in the District Court, Ottawa County, which upon ......
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Thompson v. State, M-85-85
...being conducted in good faith and not the work of private persons. Coffer v. State, 508 P.2d 1101, 1103 (Okl.Cr.1973). In Ellington v. State, 516 P.2d 287 (Okl.Cr.1973), as in the instant case, the defendant argued that the information was defective on its face for the reason that it was no......