Haynes v. State, F--74--548

• Decision Date: 17 March 1975
• Docket Number: No. F--74--548,F--74--548
• Citation: 532 P.2d 1390
• Parties: Robert Udell HAYNES, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1390

532 P.2d 1390

Robert Udell HAYNES, Appellant, v. The STATE of Oklahoma, Appellee.

No. F--74--548.

Court of Criminal Appeals of Oklahoma.

March 17, 1975.

Rehearing Denied March 31, 1975.

Robert Udell Haynes, appellant, was charged conjointly with Roy Eugene Williams and William M. Thompson with the crime of Grand Larceny. Thompson was granted a severance and the appellant and Williams were ordered to stand trial conjointly. The jury returned a verdict of guilty; punishment was assessed at three (3) years imprisonment in the State Penitentiary, and appellant appeals. Judgment and sentence affirmed.

Robert B. Smith and Garland Bloodworth, Miskovsky, Sullivan & Miskovsky, Oklahoma City, for appellant.

Larry Derryberry, Atty. Gen., James L. Swartz, Asst. Atty. Gen., Byron L. Wilhite, Legal Intern, for appellee.

OPINION

BLISS, Judge:

The appellant, Robert Udell Haynes, hereinafter referred to as defendant, was charged conjointly with Roy Eugene Williams and William M. Thompson in the District Court of Oklahoma County with the crime of Grand Larceny, case number CRF--73--3239. Thompson was granted a severance and the defendant and Williams were ordered to stand trial conjointly. The jury returned a verdict of guilty and punishment was assessed at three (3) years imprisonment in the State Penitentiary. From a judgment and sentence in conformance with said verdict the defendant has perfected his timely appeal.

Briefly stated the evidence adduced at trial is as follows: Gene Maitlen testified that he was the owner of a certain Lowboy truck trailer and that when he left work on November 8, 1973, the trailer was parked next door to his place of business at 1700 South May. At approximately 1:00 a.m. he was advised that his trailer had been stolen. He was not acquainted with the defendants in the case and had not given them permission to take the trailer.

William Thompson testified that he was a co-defendant and that no promises had been made to him with regard to his testimony and that he was represented by counsel and had not been coerced. He testified that after a call from the defendant on the 8th of November, he, the defendant and co-defendant Williams drove by the parked trailer. Haynes told the witness that he was to pull the trailer to Edmond, where Haynes and Williams would meet him. From Edmond they were to pull the trailer loaded with equipment to Missouri. Thompson and Williams took Thompson's tractor to where the trailer was parked and Williams assisted Thompson in hooking up the trailer. Thompson then proceeded on his way alone to Edmond where he was stopped by Deputy Higginbortham and placed under arrest. He testified that defendant had agreed to pay him for moving the trailer and that he thought the defendant owned the trailer. The witness then testified that he was employed by the Oklahoma City Fire Department and that he purchased his tractor to engage in part-time hauling work.

O. E. Higginbotham, Oklahoma County Deputy Sheriff, testified that on the evening of November 8, 1973, he had occasion to be in the vicinity of May Avenue and observed the meeting between Thompson, Williams and the defendant. He observed Thompson get out of his truck tractor and into a car with the defendant and Williams. The three proceeded South on May Avenue and a few minutes later returned to Thompson's tractor....