Binns v. State
| Decision Date | 21 April 1938 |
| Docket Number | A-9296. |
| Citation | 78 P.2d 837,64 Okla.Crim. 233 |
| Parties | BINNS v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. The evidence is sufficient to sustain the judgment.
2. Where no briefs are filed in support of an appeal, and no appearance for oral argument made, and examination of the record discloses no jurisdictional or fundamental errors, the case will be affirmed.
3. There are no fundamental or jurisdictional errors in the record which would justify this court in disturbing the verdict of the jury and granting a new trial.
Appeal from District Court, Delaware County; Ad V. Coppedge, Judge.
John Binns was convicted of the crime of manslaughter in the first degree, and he appeals.
Affirmed.
Ernest R. Brown, of Pryor, and E. H. Beauchamp, of Grove, for plaintiff in error.
Mac Q Williamson, Atty. Gen., for the State.
John Binns, the defendant in the trial court, was by information charged with the crime of murder, by beating Norman Sager with a dangerous weapon; was tried, convicted of manslaughter in the first degree, and sentenced to be imprisoned in the State Penitentiary for a term of five years. The record was properly saved and the defendant John Binns has appealed to this court.
The State to maintain its allegations called Leona Hendren, who in substance stated she lived about 14 miles southeast of Jay, on Spavinaw creek, in Delaware county, Okl. "On the 22nd day of October, 1932, I was keeping house and taking care of Carl Reeser's children; during the afternoon and evening Norman Sager and Jesse Hanna was at the Reeser home the Reeser children and my brother Blue Hendren were also there. Norman Sager and Jesse Hanna came in about four o'clock in the afternoon.
John Binns came to the Reeser home about nine o'clock that night; when John Binns came Norman Sager was there but Jesse Hanna had gone to town to a dance. Jim Kelly came with John Binns to the Reeser home. I had written John Binns a letter that week telling him to come over Saturday night. I had only gone with Norman Sager once after John Binns and I had busted up. I and Alice and Norman Sager and Jesse Hanna were talking about going to the dance. Alice and Jesse Hanna went to the dance and came back after a while to stay with the children until we went over. Norman Sager decided he would stay until John came; a short while after Alice went to the dance she came back to the house and told me John was down at the dance.
I advised Norman Sager that John Binns would be there after me and he replied, 'let him come, I will take care of him,' that he wasnt running from any body. Alice started back to the dance and about that time a car drove up, and Alice told me John was in the car; John came to the porch and saw Norman sitting there and asked Alice to tell me to come out there, he wanted to tell me something, and I told Alice to tell him to wait a minute, and he replied, 'come on now.' I told him we had quit anyway and if he was in such a hurry to go ahead.
In a few minutes Tobe came and asked me if we had a tire pump, that John wanted to borrow it, and I replied that it was out in the car; he got the pump for John, and John came in and told me he had a letter he wanted me to read; I took the letter and went up to the dresser, John was standing behind me; I do not know whether he had the pump in his hand at the time or not. He got me by the hand to go into the kitchen, he wanted to talk to me and we went on back. Norman was sitting on the foot of the bed when John struck him with the pump. John said, 'hello, Norman, how are you,' and Norman said, 'just fine, how are you.'
John and I came into the room from the west and Sagers back was to us; when we came into the room Sager was just sitting up with his arms in front of him (indicating); nothing further was said after we came in from the kitchen between the deceased and John Binns. I could not say how many licks John hit Norman with the tire pump, it was more than one I am sure; I grabbed hold of John and asked him what he meant, and he ran over there in the kitchen and went out of the kitchen door, running as he left. The tire pump was a heavy pump; I dont know whether I would know it or not. I put three marks, these three X marks, like this on the pump. I would identify this as being the pump. John Binns gave this pump to me about three months before this trouble.
I did not see the defendant any more that night; after the licks were struck I got a pan of water and commenced bathing Norman Sager, he was rolling on the bed; when I was bathing him I said, 'Norman are you hurt,' but he never did answer me. I did not see the wounds but there was blood running down his face and out of his ear. The wounds were on his head. I sent Blue Hendren, Rose and Tobe Reeser after Alice Reeser, and the Doctor, and also the law. Norman Sager's mother and brother came and got him and took him to the hospital at Miami. I did not go to the hospital. When the licks were struck Jim Kelly, Blue Hendren, Tobe and Rose Reeser and some other children were in the room."
On cross-examination witness stated: "Jim Kelly was sitting over on the east side of the room in front of the door in the north end of the south room; Kelly was drunk at the time; when I came in from the kitchen I saw the deceased, Jim Kelly and John Binns; I kinda fussed with John for bringing Kelly with him and he said he would take him home. The next morning when I swept I found a knife and an iron, the iron was a long car spring like. The knife was kinda back under the foot of the bed. I dont know whether I would recognize the knife or not. The knife was open when I found it; I gave the knife to my sister Beulah Starr.
No one had been in the house that night excepting the family and myself. That night when I was setting supper Norman was in the kitchen and I wanted to open a can of condensed cream, and Norman pulled out his knife and opened it and handed it to me. All I can say I know he used it to open the can, it was a black handled knife. I did not pay much attention to it.
The defendant John Binns and I have been friends for some time but had been at outs for about three weeks; I had gone with Norman Sager once in the meantime. I had gone with Binns before our falling out for about thirteen months. He had visited me often. I saw Binns on Sunday before this difficulty and had a conversation with him. It was about five o'clock in the afternoon when I told Mr. Sager that John Binns was coming that night; I told him I had written John and was looking for him to come down that afternoon or evening. I do not remember that John ever left the house from the time he came in until he left after the trouble."
Dr. M. M. DeArman, of the Baptist Hospital, at Miami, testified to the official records of the hospital, which show that Norman Sager died at 11:40 a. m. Wednesday-October, 1932.
Mrs. J D. Sager, the...
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