Grim v. State

• Citation: 240 P. 1093,32 Okla.Crim. 297
• Decision Date: 20 November 1925
• Docket Number: A-5293.
• Parties: GRIM v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

240 P. 1093

32 Okla.Crim. 297

GRIM v. STATE.

No. A-5293.

Court of Criminal Appeals of Oklahoma

November 20, 1925

Syllabus by the Court.

In prosecutions under the liquor laws, a liberal latitude should be given the defendant in the examination of jurors on their voir dire.

The right of cross-examining witnesses against a defendant is one of the most valuable rights given him by the law, and a denial of this privilege constitutes prejudicial error.

In prosecutions under the liquor laws, it is proper to allow a searching cross-examination of spotters, private detectives or paid informers for the purpose of showing their interest in the case before the court, and thereby affecting their credibility.

Where the state places a witness on the stand who testifies to a transaction, it is the right of the defendant on cross-examination to bring out anything which may have happened during the time covered by the testimony of the witness, which would tend to limit, explain, or shed light upon the transaction testified to, or which would tend to discredit any testimony given by the witness in chief.

Appeal from County Court, Garfield County; E. L. Swigert, Judge.

Jerry (Blackey) Grim was convicted of selling intoxicating liquor and appeals. Reversed.

H. O Glasscock, of Enid, for plaintiff in error.

The Attorney General, for the State.

DOYLE J.

The information in this case charges that in Garfield county December 7, 1923, "one Blackey Grim did then and there unlawfully and willfully sell one pint of whisky to one B. E. Slagle." On the trial the jury returned a verdict finding the defendant guilty, but failed to agree on the punishment. June 7, 1924, the court rendered judgment and sentenced the defendant to pay a fine of $100 and to be confined in the county jail for 30 days. To reverse the judgment he appeals.

For a proper understanding of the errors assigned, we will briefly state the material testimony.

B. E. Slagle testified: That his home is at Carmen, Okl. That on December 8th he met Mr. McNabb on the street; while talking to him another gentleman came along whose name he did not know, and together they went to the Overland rooms in Enid. There Mr. McNabb went to the telephone, called a certain number, and asked for Blackey Grim. Defendant's motion to strike as to who he asked for sustained. That in about 10 minutes Blackey Grim came there with a pint of whisky. That he gave Grim a $5 bill and Grim gave him two $1 bills. That he pulled the cork out of the bottle and it was passed around among the boys and two women there, and they all took a drink, when the bottle was handed back to him he put it in his pocket, and with Mr. McNabb and the other man left the place. That later he turned the bottle over to Chief of Police Jim Butts. On cross-examination he stated that he was employed by the city of Enid for the purpose of apprehending liquor law violators, and was paid $10 a day and his expenses; that Mayor Carr took him around the city and showed him the places he wanted him to get, and he was informed by the police department of the names of some of the boys he was to get. His further cross-examination is as follows:

"Q. Had you bought any other whisky that day? (Objected to by the state for the reason that it is incompetent, irrelevant, and immaterial.)

The Court: The objection of the state is sustained. Exception.

Q. How much whisky did you have on you when you went to the Overland rooms at this time? (Same objection.)

The Court: Sustained. Exception."

W. E. McNabb testified that he went to the Overland rooms with B. E. Slagle and Henry Whittiker; Hazel White and another lady were there; that he made a telephone call and soon after defendant Grim came in; a little later he saw B. E. Slagle trying to open a pint bottle; then Slagle handed it to Grim and he opened it with a knife; Slagle took a mouthful and then passed the bottle around to all present; they played three or four records on the Grafanola, and Slagle pulled the bottle out of his pocket and passed it around the second time; that Grim took a drink each time it passed; that he heard one of the women say that she did not have any change, and she asked Grim if he had any, and Grim made the change. His cross-examination is as follows:

"Mr. McNabb, did you see this defendant, Blackey Grim, sell Bert Slagle a bottle of whisky there that morning? A. No, I did not see him hand him any whisky.

Q. Do you know whether

or not Slagle had any whisky before he went there? A. Only what he stated.

Q. What did he say? (The state objects. The court sustained. Exception.)

Q. Who did you call when you used the telephone? A. I tried to get a fellow.

Q. Who was it? A. The one that answered the telephone I thought was Buck Shackley."

Redirect examination:

"Q. The fellow that talked with you said that he would send you down some whisky? (The defendant objects as hearsay.)

The Court: Overruled.

A. Yes, sir."

Recross-examination:

"Q. Was that the only time you ever drank whisky with Slagle up there. (The state objects.)

The Court: Sustained. Exception."

At the close of the state's case the defendant moved the court for a directed verdict in the form of a demurrer to the evidence, which motion was overruled.

The testimony of the defendant in his own behalf is as follows:

"My name is Jerry Grim. My age is 25 years. I have lived in Garfield county all my life. My home is nine miles east of town on my father's farm. I have been living in Enid for about eight months, driving a taxi cab for Paul Thompson; I never did sell Bert Slagle any whisky; I was at the Overland rooms one time and Bert Slagle was there and was

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