Garrett v. State, No. F-77-788

• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
• Writing for the Court: BRETT; BUSSEY, P. J., and CORNISH
• Citation: 586 P.2d 754
• Parties: Minerva GARRETT, Appellant, v. The STATE of Oklahoma, Appellee.
• Decision Date: 01 November 1978
• Docket Number: No. F-77-788

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586 P.2d 754 Minerva GARRETT, Appellant,
v.
The STATE of Oklahoma, Appellee. No. F-77-788. Court of Criminal Appeals of Oklahoma. Nov. 1, 1978.

An appeal from the District Court, Seminole County; Rudolph Hargrave, judge.

Minerva Garrett, appellant, was convicted of the offense of Manslaughter in the First Degree; was sentenced to four (4) years' imprisonment, and appeals. AFFIRMED.

Marshall Huser, Wewoka, for appellant.

Larry Derryberry, Atty. Gen., Duane N. Rasmussen, Asst. Atty. Gen., for appellee.

OPINION

BRETT, Judge:

Appellant, Minerva Garrett, hereinafter referred to as defendant, was charged in the District Court, Seminole County, Case No. CRF-77-31, with the crime of Murder in the First Degree in violation of 21 O.S.1976 Supp. § 701.7. She was convicted of Manslaughter in the First Degree for the death of Missie Carpitcher and sentenced to four (4) years' imprisonment in the Oklahoma State penitentiary. From said judgment and sentence, the defendant brings this appeal.

The State's evidence showed that on December 31, 1976, about 9:00 p. m. the defendant announced her intention to her foster grandson that she was "going down there to kill Willett," her foster daughter. Her grandson did not take her seriously, although he said "she looked wild." The defendant walked from her house to the home of Missie Carpitcher, about four houses away, where Willett was. Upon the defendant's entering the house, an argument ensued and the defendant pulled a pistol from her purse. Defendant fired the pistol and Willett Garret was wounded. Aleck Carpitcher, the 20-year-old son of Missie Carpitcher, came forward from his back bedroom, and the defendant shot him, whereupon he lost consciousness. Hobbie Carpitcher, 23-year-old son of Missie Carpitcher, also came forward from a back bedroom and saw that Aleck and Willett were shot. He then heard the defendant say to his mother, "I been wantin' you a

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long time." The defendant shot Missie from a distance of about two feet. The defendant then turned and told Hobbie, "if you want some of this, I'll give you some of it." The defendant then pulled the trigger but the gun jammed. Missie shoved the defendant out the door where the gun fell free, and the defendant left.

Later that evening, Missie was driven to the Valley View Hospital at Ada, Oklahoma. After the police arrived on the scene, the gun was discovered in a ditch about 50 feet from the house. Robert Harjo, brother of Missie Carpitcher, gave the gun to Officer Ablah, of the Konawa Police Department. The pistol was a .32 caliber semiautomatic Colt. Missie Carpitcher told Officer Ablah that the defendant had shot her. Officer Ablah placed the defendant under arrest and read her the Miranda rights. He stated that the defendant said, "I tried to kill them. I hope they die." The police also discovered four spent shell casings and two .32 caliber bullets in Missie's house. The pistol and slugs were sent to the OSBI laboratory.

Tom Jordan, firearms and tool mark examiner with the OSBI, ran a ballistics test and found that the two slugs came from the .32 caliber Colt.

Dr. Gullett, of the Valley View Hospital at Ada, Oklahoma, testified that he performed emergency surgery on Missie Carpitcher on the evening of December 31, 1976. He testified that she had been shot in the abdomen. The bullet punctured the...