Ferguson v. State
| Decision Date | 01 October 1971 |
| Docket Number | No. A--16640,A--16640 |
| Citation | 489 P.2d 523 |
| Parties | Jimmie Lynn FERGUSON, and Roy Lynn Alley, Plaintiffs 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 |
Jack N. Shears, Leonard G. Geb, Ponca City, for plaintiffs in error.
Larry Derryberry, Atty. Gen., Sondra Leah Fogley, Asst. Atty. Gen., for defendant in error.
Jimmie Lynn Ferguson and Roy Lynn Alley, hereinafter referred to as defendant Ferguson and defendant Alley, were charged by Information in the District Court of Kay County with the offense for Assault with a Dangerous Weapon. Defendant Ferguson was convicted for the offense of Assault with a Dangerous Weapon, and his punishment was fixed at two years imprisonment; defendant Alley was convicted for the offense of Assault, and his punishment was fixed at 30 days in the county jail, and a fine of $100.00. From said judgments and sentences, a timely appeal has been perfected to this Court.
At the trial, Daryl Townley testified that on May 25, 1970, he was in his home watching television and heard a noise on his front porch. He went outside to investigate and noticed his porch light bulb had been removed. He observed the defendant Ferguson, leaning against his car. He did not know defendant Ferguson. He asked defendant Ferguson for his light bulb, wherein defendant Ferguson threatened and pulled an open knife from inside his trousers and lunged at him. At the same time, defendant Alley approached Townley from the side, swinging what appeared to be a leather belt, or strap. Townley told his wife to lock the door and call the police, and he ran from the porch into the street.
Defendant Alley stayed on the porch while defendant Ferguson followed him partially into the street, then both defendants fled. Later, police officers apprehended the defendants and Townley identified them.
Kenneth Robison testified that on the night of May 25, 1970, the defendants came to his home; he was acquainted with defendant Alley and defendant Alley came into the house, stating, 'The police are after me; let me in.' Defendant Ferguson did not come into the house, but upon seeing a car approach, said, 'There they are now,' and ran behind the house. Subsequently, the police officers came to his house and arrested defendant Alley.
Wallace Hasty testified that he was an officer with the Ponca City Police Department, and that on May 25, 1970, he received a disturbance call to check at the Townley residence. Upon arriving, he was given a description by Mrs. Townley of the defendants, and later arrested both the defendants. The defendants were searched, and the knife was found on the person of the defendant Ferguson. Said knife was identified and introduced and received into evidence. He testified that both the defendants were intoxicated, and that defendant Alley had a belt on when he was arrested, but it was not taken from him.
Defendant Alley testified that he had previously had a colostomy operation in September of 1967, and was unable to wear a belt, and was not wearing a belt on May 25, 1970. On that night, he and defendant Ferguson had been drinking at a friend's house; they left there on foot en route to another friend's house, and passed the Townley home. Defendant Ferguson went up on the Townley porch and removed the light bulb. Mr. Townley came out, defendant Alley denied having the light bulb, and they stated they would leave. Defendant Ferguson took a step toward Townley, and defendant Alley grabbed defendant Ferguson. Townley ran, and both defendants ran to the Robison house where they were arrested. He denied having a belt or threatening Townley and stated that Ferguson was drunk, and that he did not see a knife in his hand.
Marjorie Alley, defendant Alley's mother, testified that her son had had surgery and was unable to wear a belt.
Mrs. Townley was called as a rebuttal witness, and testified to essentially the same facts as related by her husband. She additionally stated that defendant Alley, 'rattled the door and tried to get in,' after her husband had run off the porch, with defendant Ferguson chasing him.
Defendant Alley testified in surrebuttal that he did not rattle the door of the Townley home, and that he did not get on the front porch at any time.
The first proposition asserts that the trial court abused its discretion in refusing a severance for trial when requested by defendants. Defendants both argue that they were prejudiced by the trial court's failure to grant a severance. Title 22 O.S.1970, § 439, states:
'If it appears that a defendant or the State is...
To continue reading
Request your trial
-
Stiner v. State
...of Criminal Appeals will not disturb the trial court's ruling, absent a showing that prejudice resulted therein. Ferguson and Alley v. State, Okl.Cr., 489 P.2d 523. . . The defendants recognize this rule, but, without otherwise suggesting how they were prejudiced, the defendants assert that......
-
Wright v. State
...whose denial of such motions will not be disturbed on appeal unless there is a clear showing of an abuse of discretion. Ferguson v. State, Okl.Cr., 489 P.2d 523 (1971); Brumbelow v. State, Okl.Cr., 488 P.2d 1298 (1971). The record further reflects that appellant Wright's newly-hired attorne......
-
Duke v. State, s. F--75--724
...of the trial court and this Court will not overrule the trial court in the absence of a clear showing of prejudice. See, Ferguson v. State, Okl.Cr., 489 P.2d 523 (1971). During the defendants' trial, no confessions were introduced and no defendant testified as to the guilt of any of the oth......
-
Curcie v. State
...of Criminal Appeals will not disturb the trial court's ruling, absent a showing that prejudice resulted therein. Ferguson and Alley v. State, Okl.Cr., 489 P.2d 523. We are of the opinion that the trial court did not abuse its discretion in denying severance based solely on the reasons that ......