Anderson v. State, F--74--191
| Decision Date | 13 June 1974 |
| Docket Number | No. F--74--191,F--74--191 |
| Citation | 523 P.2d 1099 |
| Parties | Earl ANDERSON, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Earl Anderson, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County for two offenses of Unlawful Distribution of a Controlled Dangerous Substance, LSD, Case Numbers CRF--73--608 and CRF--73--609. The cases were tried together to a jury which fixed the defendant's punishment at twelve (12) years in each case to run concurrently and fines of Two-Hundred and Fifty dollars ($250.00) in each case. From said judgments and sentences a timely appeal has been perfected to this Court.
At the trial, Arthur Dale Linville testified that on February 26, 1973, he was employed as a Narcotics Agent for the Oklahoma Bureau of Investigation. On this date he, Dick Wilkerson and Kenneth Jacobson (both narcotics agents), Carol Jean Jamison (an informer), and Eddie Deer went to a residence located at 3324 North Classen in Oklahoma City, Oklahoma. Deer Knocked on the door and the defendant admitted Linville and Carol Jamison. The defendant asked, 'do you want to drop some acid?' Quoting a price of two dollars a 'hit.' Linville wanted ten 'hits,' so the four went into a bedroom where the defendant counted out ten orange pills and gave them to Linville in exchange for twenty dollars. Linville then identified State's exhibit No. 1 as the pills the defendant sold him. On March 3, 1973, Linville, accompanied by the same group except Eddie Deer, returned to the defendant's residence and after being admitted asked the defendant for more 'acid.' The defendant replied he only had two left, which he sold to Wilkerson for two dollars. The defendant was then arrested.
William J. Caveny testified he was a chemist for the State Bureau of Investigation. He tested both State's exhibits No. 1 and No. 3, exhibit No. 3 being the two pills sold to Wilkerson on March 3, 1973, and determined that the contents were LSD.
Dick Wilkerson testified he was employed as a Narcotics Agent for the Oklahoma Bureau of Investigation. On March 3, 1973, he accompanied Agent Linville to the defendant's residence and purchased two pills from the defendant for two dollars. His testimony was substantially the same as Agent Linville's concerning the events on March 3, 1973.
Valerie Anderson, defendant's wife, testified for the defendant that on March 3, 1973, she was present when two Crime Bureau agents and Carol Jamison came to their home. Carol Jamison asked the defendant if he had any 'downers' or 'speed' to which he replied, 'No.' Defendant and the two agents then went into the bedroom. Shortly thereafter Linville returned to the living room with his gun drawn. The house was searched and the defendant was arrested.
Willard Edge, Jr. next testified that he knew Agent Linville in Chickasha, Oklahoma and had seen him smoke Marihuana and take LSD.
The defendant testified in his own behalf that on February 26, 1973, the first visit to his residence by the agents, Eddie Deer introduced the agents to him as his friends. Agent Linville asked him into the bedroom and asked if he (defendant) would sell him some acid. The defendant replied he had some but did not wish to sell it, as he wanted to keep it for himself. Agent Linville's eyes were bloodshot and he appeared to be under the influence of drugs. Agent Linville continued to press the defendant to sell him some 'acid.' The defendant feared that if he refused to sell, Agent Linville would become violent, so he sold him ten tablets for twenty dollars.
The defendant further testified that on the occasion of March 3, 1973, the first mention of sale of drugs was by Carol Jamison when she asked if he had any dope she could buy. The defendant stated he did not have any, but after repeated urgings from her, he reluctantly agreed to let her have his last two capsules and did not want any money for them but finally accepted two dollars. The defendant further testified on cross-examination that he had given LSD and other drugs to his friends in the past on a few occasions.
In rebuttal for the State, Dick Wilkerson retook the stand and testified that he knew Agent Linville did not smoke...
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