Gibson v. State, A--17992
| Citation | 512 P.2d 1399 |
| Decision Date | 31 July 1973 |
| Docket Number | No. A--17992,A--17992 |
| Parties | Marvin R. GIBSON, Jr., Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, Marvin R. Gibson, Jr., hereinafter referred to as defendant, was charged by Information in the District Court of Payne County, Case No. CRF--71--17, for the offense of Murder. Change of venue was granted to Logan County where defendant was tried and convicted by jury for the offense of Murder. His punishment was fixed at hard labor in the state penitentiary for life. From this judgment and sentence a timely appeal has been perfected to this Court.
The charge of Murder arose out of an automobile accident which the defendant is alleged to have wantonly caused. While being transported from Cushing to Stillwater, Oklahoma, in a police cruiser after being charged with the crime of Burglary, the defendant lunged from the back to the front seat across the driver's shoulder and forcibly attempted to take control of the steering wheel. This action caused the police cruiser to collide head-on with an oncoming vehicle. As a result, Payne County Deputy Sheriff Jerry Beall and Cushing Police Chief O. O. Rowden were fatally injured. The defendant was tried and convicted for the Murder of Jerry Beall in 1968. The present appeal is from conviction for the murder of O. O. Rowden.
Defendant contends on appeal first, the case should have been dismissed because double jeopardy applies; secondly, a visit to the jail by three jurors during an overnight recess from their deliberations was prejudicial to defendant and therefore required a new trial.
With regard to defendant's first contention, Oklahoma's rule is stated in Gordon v. State, Okl.Cr., 503 P.2d 917 (1972) which provides:
'. . . (W)here different persons are victims in the same unlawful act, former jeopardy does not arise.'
In light of Gordon, supra, defendant's first contention is without merit.
Defendant's second contention involves a serious matter. The facts are uncontradicted and they expressly show that three female members of the jury under the supervision of a bailiff separated from the rest of the...
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