Hawkins v. State
| Decision Date | 05 October 1966 |
| Docket Number | No. A--13813,A--13813 |
| Citation | 419 P.2d 281 |
| Parties | Wardell Ray HAWKINS, 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 |
Syllabus by the Court
1. The general rule is that when a defendant is put upon trial for one offense, he is to be convicted, if at all, by evidence which shows that he is guilty of that offense alone and the admission of evidence of other crimes, either prior or subsequent to the offense for which he is on trial is inadmissible.
2. Evidence of other crimes in order to be admissible must come within one of the well-recognized exceptions to the rule. That it tends to establish (1) Motive, (2) Intent, (3) The absence of mistake or accident, (4) A common scheme or plan embracing the commission of two or more crimes so related to each other that proof of one tends to establish the other, and, (5) The identity of a person charged with the commission of the crime on trial.
3. For evidence of defendant's commission of other crimes than that charged to be competent or admissible to prove specific crime charged on ground of common scheme or plan, crimes shown must be so clearly related that proof of one tends to establish the others, and such evidence should never be admitted when it shows that accused committed other crimes wholly independent of that charged.
An appeal from the District Court of Caddo County; Sam M. Williams, Judge.
Wardell Ray Hawkins was convicted of the crime of Burglary Second Degree, AFCF, and appeals. Reversed and remanded with instructions.
Malcolm Baucum, Oklahoma City, for plaintiff in error at trial, and in perfection of appeal.
Judd Black, Oklahoma City, for plaintiff in error, in presentation of oral argument and completion of appeal.
Charles Nesbitt, Atty. Gen., Rex Thompson, Asst. Atty. Gen., for defendant in error.
Wardell Ray Hawkins, hereinafter referred to as defendant, was charged conjointly with Edward Lavon Melot by information in the District Court of Caddo County with having committed Burglary in the Second Degree, After Former Convictions of Felonies. They were tried before a jury, found guilty, and their punishment set at 4--12 years in the penitentiary for Melot, and 3 years in the penitentiary for Hawkins. It is from these judgments and sentence that defendants have lodged their respective appeals in this Court.
The defendants argue several assignments of error, only one of which will be discussed herein. It is asserted that reversible error was committed by the trial judge by admitting testimony relative to other offenses over objection of defense counsel.
The evidence reflects that on the 14th of December, 1964, a Mr. Lehman who operates a store at Cogar, Oklahoma, and maintains a residence behind the store, retired to his home at approximately 11:00 p.m. After retiring, he heard a noise in front of his store that sounded like a car door being closed. The noise re-occurred a few minutes later, at which time he got up and looked through a window. He saw nothing at the time, but a few minutes later, he observed 2 people in front of the store. He could not identify them and could not tell whether they were carrying anything. He dressed, equipped himself with a gun, and proceeded to the front of the store. He observed a car about 1/8 of a mile west of his store. The lights were turned on; the car turned around; and as it came back by, Lehman followed it approximately 13 miles. Speeds up to 95 miles per hour were employed during the pursuit. Mr. Lehman overtook the car about 1 mile south of the South Canadian River where it had stopped because of a flat tire. Lehman testified he pulled up behind the car in which defendants were riding and asked them what they were doing. He then returned to Minco where he picked up a constable and returned to the place where the defendant's car had stopped, but the car was gone. They proceeded on to Union City where they spotted the car and followed it until it stopped with another flat tire. The defendants were then taken into custody. Mr. Lehman further testified that when he saw the car stopped the first time, and before getting the constable, he was not aware that his store had been burglarized. Upon returning to his store, he discovered several missing items including 35 cartons of cigarettes, lighters, pocket knives, billfolds, etc.
Sheriff Peterson testified that after taking defendants to the Caddo County Jail, he went to the river bridge where defendants first stopped with the flat tire as seen by Mr. Lehman. In the vicinity thereof, he and a deputy found 25 cartons of cigarettes, each carton having the name Lehman and Son, Minco, Oklahoma, stamped on the end. The following morning, the Sheriff drove to El Reno where he picked up a handbag, tools, bars, and empty cartons of cigarettes. These items were found by highway workers in the same vicinity where defendants had stopped with the flat tire and where seen by witness Lehman.
The testimony about which defendant complains and rightfully so, is that of Charles Sutton, Manager of the Hinton Lumber Yard; and Roy DeSpain, night watchman at the Farmers Co-Op in Hinton.
Sutton testified a part of the tools found as above related were stolen from his lumber yard. He identified one of the tools as a wrecking bar bearing his cost mark, and another box opener he had for a long time. He stated these tools were in his place of business Saturday, December 14; and they were found missing the following Monday morning. And, that a door to the Lumber Yard had been pried open.
Mr. DeSpain testified he was night watchman at the Farmers Co-Op at Hinton, and on Saturday night at approximately 10:30, Hawkins and some other person were his last customers before closing the service station. He further testified he again saw them at approximately 1:00 a.m. when Hawkins and the other party returned to the Co-Op. DeSpain testified he heard a noise which sounded like a window glass being broken, and later saw Hawkins...
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Thomas v. State
...absence of mistake or accident, identity or a common scheme or plan. Atnip v. State, Okl.Cr., 564 P.2d 660 (1977); Hawkins v. State, Okl.Cr., 419 P.2d 281 (1966); Roulston v. State, Okl.Cr., 307 P.2d 861 (1957). The State argues that the testimony concerning the liquor store robbery was adm......
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Burks v. State
...to each other that proof of one tends to establish the other." Atnip v. State, supra. (Emphasis added) As we stated in Hawkins v. State, Okl.Cr., 419 P.2d 281 (1966), evidence of a crime other than the one charged may be admissible if it tends to show that there was a plan or system which s......
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Woodruff v. State, F-77-376
...within this exception. Mere similarity of the alleged offenses does not, of itself, indicate common scheme or plan. In Hawkins v. State, Okl.Cr., 419 P.2d 281 (1966), for instance, this Court held that evidence of another crime would be admissible if it tended to prove that there was some s......
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Atnip v. State
...and evidence of other crimes, either prior or subsequent to the offense for which he is placed on trial, is inadmissible. Hawkins v. State, Okl.Cr., 419 P.2d 281 (1966). However, this Court does recognize exceptions to this general rule, to wit, when such evidence is used to show (1) motive......