Edmondson v. State

• Decision Date: 06 November 1973
• Docket Number: No. F--73--33,F--73--33
• Citation: 515 P.2d 1158
• Parties: Lonnie R. EDMONDSON, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1158

515 P.2d 1158

Lonnie R. EDMONDSON, Appellant, v. The STATE of Oklahoma, Appellee.

No. F--73--33.

Court of Criminal Appeals of Oklahoma.

Nov. 6, 1973.

R. Forney Sandlin, Muskogee, for appellant.

Larry Derryberry, Atty. Gen., Kenneth L. Delashaw, Jr., Asst. Atty. Gen., for appellee.

OPINION

BUSSEY, Judge:

Appellant, Lonnie R. Edmondson, hereinafter referred to as defendant, and defendant Hamm, were charged, tried, and convicted in the District Court, Muskogee County, Case No. CRF--72--239, for the offense of Murder; his punishment was fixed at life imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Bob Curtsinger testified that he was the operator of a retail gas station at 2320 Shawnee By-Pass and South Main in Muskogee; that on the evening of August 23, 1972, Billy Joe Summers was on duty at the station. He testified that the station was robbed and that $259.59 and a white bank bag marked 'Curt's Oil Company' were missing.

Bill Westbrook testified that he was the manager of the service station on August 23, 1972; that Billy Summers was killed and that approximately $259 and the bank bag were missing.

Dr. Harvey Randall, the area State Medical Examiner, testified that he examined the body of Billy Joe Summers on August 23, 1972; that in his opinion Summers died from a gunshot wound in the left chest. He identified State's Exhibit 1 as the bullet removed from Summers' body. He testified that Summers had an one-inch abrasion on his right forehead and another laceration above the left eyebrow.

Shirley Ann Johnson testified that she was previoulsy married to defendant Hamm and that they were divorced in April, 1972. The trial court, thereupon, conducted an evidentiary hearing, outside the presence of the jury, to determine the admissibility of the witness' testimony. Defendant Hamm and other witnesses testified that defendant Hamm continued to live with Shirley as husband and wife after the divorce. Shirley testified that defendant Hamm continued to live with her after the divorce, against her will, by using force and that she did not consider herself married to defendant Hamm. The trial court thereupon ruled that a common law marriage did not exist and permitted the witness to testify.

She testified that on the evening of August 22nd at approximately 6:30 p.m., she and both defendants were fishing at a private pond. They were in her car, which was a gold and brown 1972 Grand Torino. They returned to town at approximately 8:30 p.m., purchased some wine and discussed fishing elsewhere. Both defendants decided that it was too late and they picked up her babysitter and returned home. Defendant Hamm helped her take the children inside and said that he was going somewhere and would be right back. Defendant Edmondson and defendant Hamm left in her car. Shortly after they left she discovered a .22 caliber pistol and a .38 caliber pistol were missing from a drawer where defendant Hamm had placed them. The .38 caliber pistol had only one bullet in it the last time she saw it. She heard some sirens and both defendants returned approximately thirty minutes later. They came in the house and defendant Edmondson emptied a white money bag on the bed and started counting some money. The white bag had 'Curt's Oil Company' written on it. Defendant Edmondson said: 'We had to shoot that peckerwood.' (Tr. 279) Defendant Hamm told defendant Edmondson not to tell her about it. The following day, defendant Hamm told her: 'I didn't think the dude was going to make it because Lonnie kept hitting him up side the head with the .38 and he said that while Lonnie was hitting the man that the bullet fell out of the gun, that .38 bullet.' (Tr. 281) Defendant Hamm said that the man was trying to get a knife and that during the scuffle, the gun went off. She testified that she was under a suspended sentence for Disposing of Mortgaged Property. She further admitted making a false statement to the District Attorney's office involving other persons on September 1st. She testified that defendant Hamm forced her to make these statements.

Jerry Fraizer, store manager for a discount house, testified that his records reflected that one Robert Hamm purchased a box of .22 caliber long rifle shells on August 10, 1972.

Glen Boulet testified that he loaned State's Exhibit 5, the .22 caliber pistol, to defendant Hamm around August 9th and got it back from defendant Hamm around the last part of August.

Detective Louis Bradley testified that he arrived at the service station at approximately 12:20 a.m. He found Billy Summers lying in the door with a gunshot wound on the left side of his body. Summers said that two Negro males, about five-nine to five-ten, came around from the west with stockings over their heads and shot him. He found a shell lying on the floor near Summers' body. Shortly thereafter he arrested Shirley Johnson for a parole violation. Defendant Hamm confronted him saying that if he would let Shirley out of jail, that Hamm would find out who committed the crime. Several days later, defendant Hamm made a statement involving one Johnny Horton and a man named Alexander as being the robbers.

Officer Clyde Yarbrough testified that on the evening of August 22nd he was checking a building near the service station when he observed a yellowish gold car with a dark top, proceeding west on the Shawnee By-Pass at a high rate of speed. Shortly thereafter he found Billy Joe Summers lying in the driveway.

Detective Clois Huggins testified that on the morning of August 23rd he was investigating the scene when he observed a 1972 Ford Torino travelling slowly on the Shawnee By-Pass. He recognized the driver of the vehicle as being defendant Hamm.

For the defense, defendant testified that he had previously been convicted of Grand Larceny and 'fighting charges'; that on August 22nd, he, defendant Hamm and Shirley Johnson went fishing at approximately 7:30 p.m. They returned to defendant Hamm's house at approximately 10:30 p.m. and drank a...