Cantrell v. State
| Decision Date | 12 November 1969 |
| Docket Number | No. A--14556,A--14556 |
| Citation | 462 P.2d 342 |
| Parties | Charles Thomas CANTRELL, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court
1. Where the evidence is conflicting and different inferences may be drawn therefrom, it is the province of the jury to weigh evidence and determine the facts. The function of the Court of Criminal Appeals is limited to ascertaining whether there is a basis, in evidence, on which the jury can reasonably conclude that accused is guilty as charged.
2. Leading and suggestive questions should not be asked a witness by the party placing him upon the stand. An exception to this rule of law is where the witness proves hostile to the party calling him and friendly to his adversary, or where the witness is trying to evade the questions asked. Then, trial court in its discretion may permit leading questions to be asked.
Appeal from the District Court of Oklahoma County; Jack R. Parr, Judge.
Charles Thomas Cantrell was convicted of the crime of Arson Second Degree, sentenced to five years imprisonment, and appeals.
Jim Jones, Sallisaw, for plaintiff in error.
G. T. Blankenship, Atty. Gen., Reid Robison, Asst. Atty. Gen., for defendant in error.
Plaintiff in error, Charles Thomas Cantrell, hereinafter referred to as the defendant, was charged by information in the District Court of Oklahoma County with the crime of Arson Second Degree, case no. 32954. The defendant came on for trial by jury on June 5, 1967, before the Honorable Jack R. Parr, District Judge, and a verdict was returned on June 7, 1967 finding the defendant guilty and assessing his punishment at Five Years imprisonment. Motion for new trial was overruled, and judgment and sentence was imposed on June 16, 1967, in accord with the jury verdict, and an appeal therefrom has been perfected.
The facts in this case involve a fire which destroyed the Del City home of the defendant on January 22, 1967, at approximately 3:00 a.m., the same being a Sunday. The State called two firemen, a representative of the Oklahoma State Fire Marshal's Office, and a Del City police officer who investigated the scene of the fire. Substantially, their testimony was to the effect that kerosene soaked papers had been fund under the furniture in the home; that the fire apparently originated in a hall closet; that it was not likely that the heating system had malfunctioned causing the fire; that the accused stated he and his family were gone to visit relatives on the week-end of the fire, taking 'furnishings with him for the week-end'; that certain items reported missing by the defendant and his wife were later found in Sallisaw, Oklahoma, at the home of defendant's wife's parents. An agent of the Oklahoma State Bureau of Investigation testified that his analysis of articles taken from the scene of the fire indicated kerosene.
The State called Robert Cantrell, the eighteen-year old son of the defendant, who testified substantially that he and his younger brother, in one car, traveled with his parents, in another car, to Sallisaw to the home of defendant's parents on the Friday before the fire; that he had gone on alone to Muldrow, Oklahoma, the next morning (Saturday) to the home of defendant's wife's parents; that he remained in the company of his cousin for the duration of the day and evening; and that about 3:00 Sunday morning he was awakened by a call from Mrs. Howard Kirksey, telling him that their home in Del City had been burned. Robert Cantrell and his cousin then left the home of his mother's parents, where they had been sleeping, and went to the home of his father's parents in Sallisaw to inform them of the fire. Robert Cantrell then testified that upon arriving at his grandparents' home in Sallisaw, those present included his grandmother, little brother, and parents, although he did not see his father. After some further examination, the prosecuting attorney asked and received permission of the trial court to lead the witness on direct examination because of the surprise as to his testimony. Robert Cantrell then testified that his father was not at his grandparents' home in Sallisaw when he arrived shortly after 3:00, and that he did not see him until about 6:00 a.m. the same morning; that he saw his father unload a stereo at his grandmother's house on Friday after coming from Del City; that his mother asked him to lie to protect his father and that although he did not get along with his father, he did love him.
The defense was one of alibi. Defendant testified substantially that he left Oklahoma City on Friday with his family and did not return until early Sunday morning after the fire; that he was in Sallisaw having his car repaired on Saturday morning; and that from 5:00 p.m. Saturday until notified of the fire, he was at the home of his mother in Sallisaw with his family. Defendant's wife testified that she came to Sallisaw on Friday evening, January 20, 1967, with the defendant. That she was in his presence Saturday evening and Sunday until they returned to Del City, and that she had packed the missing articles from their home, which they brought to Sallisaw and Muldrow, without the knowledge of the defendant. Defendant's wife's father testified that the defendant spent the entire day Saturday, January 21, 1967, with him until approximately 4:00 p.m. Defendant's mother testified that the defendant was at her home in Sallisaw from approximately 5:00 p.m. on Saturday until notified of the fire by defendant's son Robert. Defendant's younger son, James Andrew Cantrell, testified as to his father's whereabouts late Saturday evening and early Sunday morning at the time of the fire.
In rebuttal, the State called Lucy Guin, who testified that she saw the defendant and another person in defendant's car leaving defendant's home in Del City between the hours of 9:00 and 11:00 A.M. Saturday, January 21, 1967. It is noted that the testimony of approximately five witnesses placed the defendant in Sallisaw having his car repaired at the time Mrs. Guin said she saw the defendant in Del City.
It is apparent from a review of the evidence that there is a substantial conflict from which different conclusions could be drawn. Although the evidence is less than conclusive that the defendant committed the crime of arson, there is sufficient basis upon which the jury could conclude that the defendant was guilty. This Court held in Woods v. State, 92 Okl.Cr. 53, 220 P.2d 463 (1950):
'Where the evidence is...
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Cooper v. State, F-81-404
...to ask leading questions of his own witness. The court in its discretion may permit leading questions by the State. Cantrell v. State, 462 P.2d 342 (Okl.Cr.1969); 12 O.S.1981, § 2611(D). The witness was the former mother-in-law of the appellant and the grandmother of his son, and had become......
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Cooper v. State
...hostile, the subsequent cross-examination of him was without error. A similar situation was dealt with by this Court in Cantrell v. State, Okl.Cr., 462 P.2d 342 (1969) which held that leading and suggestive questions should not be asked a witness by the party placing him upon the stand. 'An......
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Patterson v. State, F--74--258
...ask leading questions when it was apparent that Bonner was a hostile and/or evasive witness. The State correctly cites Cantrell v. State, Okl.Cr., 462 P.2d 342 (1969), wherein we 'However, even more relevant in the instant case than whether a counsel can impeach his own witness, is whether ......
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Edwards v. State, A--15023
...are largely matters within the jury's sound discretion to weigh and judge. This Court has frequently held, as stated in Cantrell v. State, Okl.Cr., 462 P.2d 342 (1969): 'Where the evidence is conflicting and different inferences may be drawn therefrom, it is the province of the jury to weig......