Decker v. State, 5603
| Decision Date | 27 September 1971 |
| Docket Number | No. 5603,5603 |
| Citation | 471 S.W.2d 343,251 Ark. 28 |
| Parties | William Wayne DECKER, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Wright, Lindsey & Jennings, Little Rock, for appellant.
Ray Thornton, Atty. Gen., James A. Neal, Asst. Atty. Gen., Little Rock, for appellee.
William Wayne Decker, appellant herein, was arrested by Officer Tommy Robinson of the North Little Rock Police Department, placed in the back seat of the automobile, and Officer Robinson proceeded toward police headquarters. While the car was stopped at an intersection, appellant produced a pistol, held it on Robinson and told the officer to give him (appellant) his pistol or he would shoot him. In compliance with this demand, Robinson gave to appellant the service revolver he was carrying, after which Decker left the car and fled north. Robinson then obtained a shotgun from the car and started in pursuit of appellant, firing at Decker four times with the shotgun. Four or five hours later, appellant was found in a house on the Arch Street Pike, lying on a bed in the back room of the house; he had sustained three wounds in the back of his body. Officers found the pistol there which had been taken from Robinson, a .38 police service revolver, which was identified. Decker had told one of the officers where the gun was hidden. Another witness, David Romandia, who lived at the house where Decker was found, testified that appellant related to him how he had pulled his gun on the policeman and made the latter give to Docker his (the policeman's) service revolver. On July 30, 1970, Decker pleaded guilty in the North Little Rock Municipal Court to the offense of drawing a weapon on an officer, was fined $500.00 and sentenced to six months confinement in the County Jail. On August 6, 1970, the Prosecuting Attorney for Pulaski County filed an Information charging Decker with the crime of robbery, arising out of the same incident. He was convicted and sentenced to serve four years in the state penitentiary. Appellant moved in the trial court to dismiss the charge, contending that the robbery trial placed him in double jeopardy of life or liberty in violation of Article II, Section 8 of the Arkansas Constitution, and in violation of the Fifth Amendment of the United States Constitution. The motion was denied, as was a motion for new trial based on the same contention. From the judgment of conviction of robbery, appellant brings this appeal. For reversal, only one point is asserted, viz, that the trial of the robbery charge placed the defendant in double jeopardy of life or liberty in violation of the Federal and Arkansas Constitutions as set out above.
We do not agree. The offenses were entirely separate crimes. Though arising out of the same incident, the two acts were centainly not the same offense. Ark.Stat.Ann. § 41--4001 (Repl.1964) provides as follows:
'Every person and the aiders and abettors of every person who shall draw a pistol, gun or any other deadly weapon upon any other person or shall serve or give notice either verbal or in writing to any other person or shall place notice upon the door or about the premises of any other person for the purpose of frightening or intimidating him from doing any lawful act, when such person drawing said pistol or gun or other deadly weapon is not justified in self-defense for so doing, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than five hundred dollars ($500) nor more than one thousand dollars ($500) nor more than be imprisoned in the county jail for twelve (12) months.'
Ark.Stat.Ann. § 41--3601 (Repl.1964) defines robbery thusly:
'Robbery is the felonious and violent taking of any goods, money or other valuable thing from the person of another by force or intimidation; the manner of the force or the mode of intimidation is not material, further than it may show the intent of the offender.'
It will be immediately observed that the robbery statute includes an additional act, not present in the statute first quoted, viz, the felonious and violent taking of goods or other valuable thing from the person of another by force or intimidation; furthermore, a violation of Ark.Stat.Ann. § 41--4001 (Repl.1964) is not included in the charge of robbery as a lesser offense, unlike petit larceny, which is included where one is charged with grand larceny; 1 nor is it an offense that can be joined with the offense of...
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