Hanna v. State
| Citation | 560 P.2d 985 |
| Decision Date | 16 February 1977 |
| Docket Number | No. F--76--800,F--76--800 |
| Parties | Ernest Timothy HANNA, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The Appellant, Ernest Timothy Hanna, hereinafter referred to as defendant, was charged in the District Court, Cleveland County, Case No. CRF--75--496, with the crime of Murder in the First Degree. After trial to a jury the defendant was convicted of Manslaughter in the First Degree and punishment was assessed at a term of twenty (20) years under the direction and control of the Department of Corrections of the State of Oklahoma. From a judgment and sentence in accordance with the jury's verdict, the defendant has perfected his timely appeal.
Briefly stated, the evidence adduced at trial is as follows: Dr. Tommy Hewitt, a pathologist employed by the office of the Chief Medical Examiner, testified that on the 15th day of February, 1975, he performed an autopsy upon the body of Mary Louise Wofford. As a result of said autopsy he was of the opinion that the decedent died from a ligature strangulation and blunt trauma to the abdomen. The witness further identified State's Exhibit 2 as an electrical cord which had been wrapped four times tightly around the neck of the decedent and secured in the front with a knot. He further testified that it was his opinion that the time of death was approximately 10:45 a.m. on February 14, 1975. Norman Police Detective Gerald Moody testified that at approximately 8:30 p.m. on the evening of February 14, 1975, he went to an apartment on West Robinson Street in Norman where he observed a woman's body lying in the kitchen area. Detective Myles Houseburg testified that he arrived at the apartment about 9:00 p.m. and took numerous photographs of the scene. He further stated that wrapped around the neck of the victim was the cord of an electric iron with the iron attached. He further identified a man's wedding ring which he found laying on the floor. Officer Royce Grissom then identified the decedent as Mary Louis Wofford and stated that a bedroom in the apartment appeared to have been ransacked. Officer Bill Polk then testified that on the morning of the 15th he processed the scene for latent fingerprints and that useable prints were turned over to Identification Specialist Peters.
Bob Lester, investigator for the State Medical Examiner's Office, testified that he first observed the body at the apartment at approximately 10:20 p.m. on the 14th and that the victim was lying on the kitchen floor with a ligature bound around her neck approximately four times and tied in a knot. The woman appeared to have been beaten about the head.
Numerous employees of local banks testified that the decedent had cashed certificates of deposit and withdrawn savings in the approximate amount of $5,000.00 during the early part of February. The decedent's sister testified that she had talked to her sister on the evening of the 13th and that her sister's son, Phillip Ervin, lived with Mrs. Wofford from time to time in the Norman apartment. She further stated that when she spoke to her sister she indicated that her son was at home at the time. The sister further testified that the decedent had a retarded son living in Pauls Valley.
Detective Robert Kelson then testified that on February 20, 1975, he spoke with the defendant when he voluntarily came to the Norman Police Station where he was arrested on an outstanding material witness warrant, advised of his Miranda rights and questioned concerning his whereabouts at the time of the incident. The defendant related that he and Phillip Ervin drank a six-pack of beer together on the evening of the 13th and Ervin asked him what he would do for $1,200.00. The defendant replied, 'Just about anything.' He then related to the officer that Ervin told him that earlier that morning he observed his mother count out approximately $2,865.00 which she had withdrawn from her bank account and was going to send to her son in Pauls Valley. The defendant further stated that while en route to Mrs. Wofford's residence, Ervin declared that they would have to knock her out in order to get the money. They then went to a tavern and drank more beer and the defendant, who originally thought it would be a simple theft, decided to back out of the plan. He then left Ervin and hitchhiked to Oklahoma City where he spent the night in his apartment. He left his apartment the next day and did not return until the 20th.
Identification Specialist Larry Peters then testified that he received certain latent fingerprints from Detective Polk which had been lifted from the Wofford apartment. The prints were identified as being those of Phillip Ervin.
Tess Smith then testified that she lived in an apartment which shared a common wall with the Wofford apartment and that at approximately 10:30 p.m. on the 13th, she heard a commotion next door which she described as the sound of people running and of loud voices. She recalled hearing a woman shout, 'get out of here.' She further testified as to what she heard as follows:
She further stated that she did nothing after hearing the noises and thought it was an ordinary family quarrel. On cross-examination she stated she could not identify the woman's or man's voice and could not tell if there were more than two people involved.
Janice Craig then testified that at approximately 11:30 p.m. on the 13th, the defendant and Phillip Ervin came to her house in Jones, Oklahoma. She related that the defendant threw $6,200.00 in 'Hundreds,' 'Fifties' and 'Twenties' on the floor and stated that it was 'blood money.' Both the defendant and Ervin were 'quite ecstatic and laughing.' The witness observed blood on the defendant's face, under his fingernails and on the instep of his boot. She further stated that the defendant wanted $3,200.00 for the dirty work which he had done and kept repeating how easy it had been. The defendant told her that he had strangled the decedent with the cord of an iron and that Mrs. Wofford regained consciousness while they were ransacking the house looking for money. He then crushed the victim's neck with his boot. The witness then related that she gave the defendant a clean pair of jeans and a shirt and burned his old clothing. He further told the witness that the decedent had been killed in the dinette area of the apartment and that he was worried about his fingerprints, stated that he had thrown some beer cans in a trash basket. He asked the witness to go to the apartment and retrieve the cans and steal jewelry to make it look like a robbery, but she refused. The defendant also described the decedent's appearance as he was in the process of strangling her. Later that night she drove the two men in the victim's car to some apartments in Oklahoma City to get some drugs. When they arrived she got them the drugs and then informed them that she was not returning home that night. She further testified that she received $50.00 from the stolen money.
On cross-examination, the witness testified that she had previously used heroin, LSD and other drugs, beginning her habit when she was seventeen. She denied that the use of drugs had affected her memory, denied that Ervin said that he had killed his mother in a fit of rage and denied seeing any blood on Ervin. She admitted having obtained psychiatric help because of her drug problem. The State then rested.
The defense then called Phillip Ervin who testified that he was currently serving time for Manslaughter in the First Degree after pleading guilty to his mother's homicide. He further stated that on February 13, 1975, he and the defendant went to a tavern in Norman, drank beer and then walked to his mother's apartment to get the keys to her car. They then purchased one or two six-packs of beer and proceeded to drink it in a parking lot. The defendant made a remark about the witness' wife which caused him to hit the defendant in the mouth. The defendant then started walking north toward Oklahoma City. Approximately one-half hour later, the witness was driving toward Oklahoma City and picked up the defendant. At that time there was a large sum of money in the passenger seat about which the defendant inquired. Ervin informed him that he had been under the influence of drugs and had 'flipped out' and killed his mother. They then proceeded to Janice Craig's home where he told her he had killed his mother and the money was divided.
On cross-examination he explained that he gave the defendant approximately half the money to 'try to take the heat off of this deal.' He further admitted testifying, under oath, during his appearance to plead guilty to his mother's homicide, that on the date in question he and the defendant had decided to knock out his mother in order to rob her; that he hit his mother in the back of the head with an iron; that he and the defendant were ransacking the bedroom when they heard her groan; that the defendant ran back into the kitchen...
To continue reading
Request your trial
-
Davis v. State
...passion manslaughter is not a lesser included offense, despite being recognized as one for years. 1. Hanna v. State, 1977 OK CR 54, ¶ 25, 560 P.2d 985, 991; Tarter v. State, 1961 OK CR 18, ¶ 35, 359 P.2d 596, 601; Welborn v. State, 1940 OK CR 95, 70 Okl.Cr. 97, 105–06, 105 P.2d 187, 190–91;......
-
People v. Tusa
...corroboration rule applies ( see, e.g., Gamez v. State, 737 S.W.2d 315 [Tex.]; Miguez v. State, 715 S.W.2d 795, 799 [Tex.]; Hanna v. State, 560 P.2d 985 [Okla.]; Jacks v. State, 364 So.2d 397, writ denied Ex parte Jacks, 364 So.2d 406 [Ala.]; Commonwealth v. Hudson, 489 Pa. 620, 414 A.2d 13......
-
Davis v. State, Case Number: D-2007-891
...passion manslaughter is not a lesser included offense, despite being recognized as one for years. 16. Hanna v. State, 1977 OK CR 54, ¶ 25, 560 P.2d 985, 991; Tarter v. State, 1961 OK CR 18, ¶ 35, 359 P.2d 596, 601; Welborn v. State, 1940 OK CR 95, 70 Okl.Cr. 97, 105-06, 105 P.2d 187, 90-91;......
-
Stout v. State
...before us does not contain the transcript of the preliminary hearing, we are unable to consider his first contention. See Hanna v. State, 560 P.2d 985 (Okl.Cr.1977). In regard to his second contention, we cannot This court has consistently held that the trial court should overrule a demurre......