Grubb v. State
| Decision Date | 17 May 1972 |
| Docket Number | Nos. A--17010,A--17228,s. A--17010 |
| Citation | 497 P.2d 1305 |
| Parties | Paul Eugene GRUBB, Plaintiff 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 |
Andrew T. Dalton, Jr., Appellate Public Defender, Tulsa, for plaintiff in error.
Larry Derryberry, Atty. Gen., Fred H. Anderson, Asst. Atty. Gen., Frank Muret, Legal Intern, Ray Parks, Legal Intern, for defendant in error.
Paul Eugene Grubb, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Tulsa County, Oklahoma for the offenses of Robbery with Firearms and Kidnapping. His punishment was fixed in the Robbery case at a term of not less than ten (10) years, nor more than fifty (50) years imprisonment, and his punishment was fixed in the Kidnapping case to a term of seven (7) years imprisonment, and from said judgments and sentences, timely appeals have been perfected to this Court. Because of similar issues which are urged on appeal, the causes have been consolidated for a decision at the request of the defendant.
At the trial, Gary Haney testified that on February 2, 1971, he was living with his sister and brother-in-law, Lana and Larry Sander, in Collinsville, Oklahoma. Another sister, June Lynette Murphy, was also staying at the same address. At approximately 8:00 o'clock p.m., the defendant came to the residence, and displayed a gun; he said that he was going to take Lynette Murphy. Gary Haney and the defendant talked in the living room for approximately 45 minutes, during which period the defendant was sniffing glue from a wash rag. At approximately 9:30 p.m., Lynette, Lana and Larry arrived at the residence. Defendant told Lynette that he wanted to talk with her, and they went into the bedroom. Shortly thereafter, they came out of the bedroom and the defendant entered the living room, pulled out his gun, and told everybody to 'come in and sit down on the couch.' Defendant stated that if Lynette did not go with him, he would kill them all. Lynette stated that she would not go, and defendant ordered Larry to stand up against the wall, stating that he was going to shoot him. Lynette became 'kind of shook up,' and agreed to go with him. Defendant asked Larry if he had any money, and Larry replied that he had Three Dollars ($3.00). Defendant ordered Larry to put the money and his driver's license on the floor. Defendant picked up the money and the driver's license, and left with Lynette, stating that he would kill her and himself if they called the police. Defendant took Miss Murphy from the house, but they returned in approximately 30 seconds, with defendant still pointing the gun and demanded that Larry give him his car keys. Larry gave ghem the keys, and the defendant and Lynette left in Larry's car.
Lana and Larry Sander's testimony did not differ substantially from that of the witness, Haney.
June Lynette Murphy testified that she had lived with the defendant in a trailer in Collinsville for September to the end of January. They split up, and she moved to her sister's home, Lana Sander, approximately a week before the incident. On the evening in question, she, her sister, and her brother-in-law had been in Tulsa, Oklahoma shopping. When they arrived at the residence, defendant was sitting in the living room, and stated that he wanted to talk with her. They went to the back bed room, and the defendant asked her if she was going with him. She replied that she was not going to go with him anywhere, and the defendant then stated, 'Well, we'll see about that,' and pulled a gun. Defendant then ordered her, Gary Haney, and Lana and Larry Sander into the living room. Defendant ordered them to all sit up on the couch, and he kept walking back and forth, pointing the gun and sniffing a red wash cloth which had glue poured onto it. Defendant then asked her if she was going to go with him, and she replied, 'No.' Defendant ordered Larry to stand up and said that if she did not go, he was going to shoot Larry. She jumped up between them and began pleading with the defendant not to shoot, and agreed to go with him. Defendant, still pointing the gun at Larry, asked him if he had any money and told him to throw it on the floor. Defendant picked up the money, and they proceeded out the door. Defendant then decided that he wanted to take Larry's car, and they returned to the house. Defendant pointed the gun at Larry and said, 'Give me your keys, I'm going to take your car.' At the Kidnapping trial, she testified that they drove around for some time, and eventually headed back toward Claremore, Oklahoma. During this period of time, the defendant kept the gun on his lap and pointed at her several times. They were stopped by two police officers who came up to their car (the defendant's car) with their guns drawn. The defendant pointed the gun at her head and told the officers that they had better put their guns down or he would kill her. The police officers complied with the defendant's request and she and the defendant got out of the vehicle. Defendant then shot the radio out of one of the police officer's cars and threw the keys to the car in a ditch. Miss Murphy and the defendant got into the police car and left. They were pursued by other police officers and the defendant eventually drove into a yard and they entered a house. The woman who owned the house was permitted to go outside. The police officers turned on a loud speaker and told the defendant to come out. Miss Murphy tried to get the defendant to give up, and he refused. A police officer came into the house and attempted to talk with the defendant, but the defendant stated that he 'wanted time to think about it.' The police officer returned and the defendant fired a shot, stating, 'I told you guys to stay out of here.' The police officers subsequently fired tear gas into the house and subdued the defendant.
Leonard McMillan and Paul Steelye testified that they were volunteer police officers for the Rogers County Sheriff's Office. On the evening in question, they were patrolling the area in separate vehicles. After receiving a radio call about a purported kidnapping, they observed a vehicle meeting the description. McMillan turned on his red light and chased the defendant for approximately four miles at 90 miles per hour. Defendant stopped broadside in the road, and he and Officer Steelye approached the vehicle. The defendant stuck a gun to the girl passenger's head and told the officers to 'get back,' or he would kill them. The officers backed up, and the defendant, Grubb, and the girl got out of the vehicle, the defendant pointing a gun at her back. The defendant fired a shot into the radio in Steelye's vehicle, and another shot into McMillan's spotlight. The defendant and the girl left in Officer McMillan's vehicle.
The defendant did not testify in the Robbery case. At the Kidnapping case, the defendant testified that he and Lynette Murphy lived together as husband and wife for one month in California and from October until February 1, in Collinsville. They agreed to split up on February 1, and she moved out of the trailer. On the evening in question, he went to the Sander residence to borrow Fifteen Dollars ($15.00) from Lynette. He testified that he took the gun into the house because if Lynette did not loan him the money, he was going to kill himself. He testified that he did not intend to hurt anybody that evening. On cross examination, he admitted sniffing glue, but testified that glue did not make him 'high.' He admitted a prior conviction for Burglary in the Second Degree in California. Defendant testified that he did point the pistol at Larry Sander, but did not intend to hurt him. He denied pointing the pistol at Lynette's head and threatening to kill her if the police did not back up. He further testified that he told them that the gun might go off if they shot him. Defendant stated that he did not intend to kidnap Lynette, but in response to the following question: 'Did you kidnap her, yes or no?' he answe...
To continue reading
Request your trial
-
State ex rel. Dowdy v. Robinson
...(1972); United States v. Hairrell, 521 F.2d 1264 (6th Cir. 1975); State v. Miller, 5 Or.App. 501, 484 P.2d 1132 (1971); Grubb v. State, 497 P.2d 1305 (Okl.Crim.App.1972).3 In Jeffers v. United States, 432 U.S. 137, 97 S.Ct. 2207, 53 L.Ed.2d 168 (1977), the Supreme Court elaborated on the Br......
-
Moton v. Swenson
...urged upon us by appellant, was again rejected, in so many words, in the application for certiorari filed in the case of Grubb v. State, 497 P.2d 1305 (Okl.Cr. App.1972). The defendant in this case went to a home harboring his former female companion. At gunpoint he abducted the woman, thre......
-
Stewart v. State
...the trial was repugnant to the doctrine of collateral estoppel. In dealing with a similar proposition in the recent case of Grubb v. State, Okl.Cr., 497 P.2d 1305, wherein we held that Robbery and Kidnapping were separate and distinct crimes, we cited with approval Tucker v. State, Okl.Cr.,......
-
State v. Roybal
...Grubb v. Oklahoma, 409 U.S. 1017, 93 S.Ct. 450, 34 L.Ed.2d 309 (1972) (Brennan, J., dissenting opinion), denying cert. to Okl.Cr., 497 P.2d 1305 (1972). This court adopted a form of the same evidence test at an early date. In State v. Reiff, 14 Wash. 664, 667, 45 P. 318, 319 (1896), the cou......