Carpitcher v. State
| Decision Date | 30 October 1978 |
| Docket Number | No. F-77-864,F-77-864 |
| Citation | 586 P.2d 75 |
| Parties | Aleck Jacob "Red" CARPITCHER, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The appellant, Aleck Jacob "Red" Carpitcher, hereinafter referred to as defendant, was charged by information in Case No. CRF-77-14, with the offense of Shooting With Intent to Kill, pursuant to 21 O.S.Supp.1977, § 652. The jury found the defendant guilty, and punishment was set at ten (10) years in the custody of the State Department of Corrections. From the aforesaid judgment and sentence, the defendant has perfected a timely appeal to this Court.
On the afternoon of October 7, 1976, David Pierson, the victim of the shooting and Terry Groves were riding in an automobile in the town of Konawa, Oklahoma. Pierson testified that he and the defendant drove out into the country to settle an argument that had been brewing for quite a while. Pierson led the way followed by two cars, one carrying the defendant and a passenger, the other carrying the defendant's mother and three or four more passengers. Upon arriving in the country, Pierson stopped his car and got out. The defendant drove up behind and got out of his car with a .22 caliber rifle in his hand. The defendant and his mother approached Pierson's car, whereupon the defendant's mother accused Pierson of throwing a beer bottle at her car. Pierson then got back in his car when he observed that the defendant had a gun. As Pierson started his car, the defendant aimed the rifle and fired a shot which struck Pierson in the chest. The victim then drove to the Konawa Police Station where he reported the shooting.
The defendant in his first, second and fifth assignments of error contends that he was denied the right to be tried by a fair and impartial jury due to the fact that two of the jurors in his trial had served as jurors in a prior trial on the same jury docket. In that prior trial, the defendant was called as a witness and was subjected to character impeachment. It is defendant's contention that the two common jurors became prejudiced against him as a result of the character impeachment in the prior trial.
An examination of the record reveals that the defendant failed to exhaust all of his peremptory challenges. In Stott v. State, Okl.Cr., 538 P.2d 1061 (1975), this Court held that where a defendant fails to exhaust all peremptory challenges he cannot be heard to allege on appeal possible bias of any juror.
The defendant in his third, fourth and sixth assignments of error contends that the trial court erred in not granting him a new trial for alleged jury misconduct. Specifically, it is contended that one of the jurors verbally expressed an opinion as to the defendant's guilt during a recess of the trial. At the motion for new trial, the only evidence offered in support of this contention was the testimony and affidavit of Robert Harjo, the defendant's uncle. Mr. Harjo testified that during the last recess before the jury's deliberation, he heard one of the juror's state to another juror, ...
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Ake v. State
...the appellant waived his last two peremptory challenges. Having done so, he cannot complain of juror bias on appeal. Carpitcher v. State, 586 P.2d 75 (Okl.Cr.1978).2 In regard to this matter, we note that the appellant focuses his argument in this allegation of error upon a statement made b......
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Waymire v. McCollum
...The intent required for an offense under OKLA. STAT. tit. § 652(A) can be shown by circumstantial evidence. See Carpitcher v. State, 586 P.2d 75, 77 (Okla. Crim. App. 1978). Here, there was sufficient circumstantial and direct evidence from which a reasonable juror could find that Petitione......
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Russell v. State
...voir dire. A defendant in a criminal case will not be heard to complain of juror bias on appeal if he failed to do so. Carpitcher v. State, 586 P.2d 75 (Okl.Cr.1978). The trial court did not abuse its discretion in denying the The appellant's seventh assignment of error concerns the indictm......
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Smith v. State, F-79-688
...finally submitted to the jury, the burden is on the appellant to show that the alleged misconduct was prejudicial to him. Carpitcher v. State, 586 P.2d 75 (Okl.Cr.1978). This Court has previously stated that "it is of the utmost importance that triers who pass upon the lives and liberties o......