Hinds v. State, F--73--125

• Citation: 514 P.2d 947
• Decision Date: 24 September 1973
• Docket Number: No. F--73--125,F--73--125
• Parties: William H. HINDS, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 947

514 P.2d 947

William H. HINDS, Appellant, v. The STATE of Oklahoma, Appellee.

No. F--73--125.

Court of Criminal Appeals of Oklahoma.

Sept. 24, 1973.

Roy D. Moore, Lawton, for appellant.

Larry Derryberry, Atty. Gen., Michael Jackson, Asst. Atty. Gen., for appellee.

OPINION

BLISS, Presiding Judge:

Appellant, William H. Hinds, hereinafter referred to as defendant, and his co-defendant Bill Cherry, were conjointly charged, tried and convicted by a jury of the crime of Murder in the District Court of Comanche County, Oklahoma, Case No. CRF--72--511. The defendant's punishment was assessed at life imprisonment and from said judgment and sentence, the defendant has perfected his timely appeal.

The evidence adduced at trial reflects that Sgt. Al Jackson, a service man stationed at Fort Sill, was severely beaten on the evening of August 4, 1972, in Lawton, Oklahoma. Jackson subsequently died and his body was taken to Oklahoma City where an autopsy was performed.

Doctor Fred Jordan testified that he was an Assistant Chief Medical Examiner for the State of Oklahoma and that he performed an autopsy on Jackson's body. There was a large number of cuts over the head, multiple rib fractures and an extensive fracture of the skull. It was the doctor's opinion that the cause of death was a complication of the skull fracture and that the injury was caused by a relatively rounded object applied with extensive force.

Vera Cherry, the seventeen-year-old daughter of the co-defendant Cherry, then testified that on the day in question she was asked by her father to set up a meeting between Cherry and Jackson. The meeting was arranged for that evening at the home of Cherry's ex-wife, Vera's mother. At approximately 6:45 p.m., when Vera and Jackson were alone in the house and sitting around the kitchen table, Cherry came in, grabbed Jackson by the hair, pulled his head back and began to curse. Vera ran to her bedroom and shortly thereafter her boyfriend, Jackie Dubose, joined her. After Vera and Dubose had been in the bedroom for approximately fifteen minutes, they returned to the living room where Cherry was standing with blood on his T-shirt. The kitchen was covered with blood and police cars were next door where Jackson was being treated for head wounds.

Vera further testified that Cherry and her mother were divorced and that she was living with her mother and the younger Cherry children. Jackson and her mother had been dating and were planning on getting married. On cross-examination, Vera stated that she never saw any object in her father's hand and that the first recollection she had of the defendant being in the house was when he came back to the bedroom some fifteen minutes after Dubose joined her.

Jackie Dubose then testified that on the day in question he, Vera and Cherry went to a cafe where they had a conversation about Dubose and Vera getting married and about Al Jackson. A transaction was mentioned where Vera would be paid One Hundred Dollars ($100.00) for arranging a private meeting between Jackson and Cherry. Vera was subsequently dropped off close to her mother's home and Cherry and Dubose went to Wayne Dumond's trailer. Dubose was then instructed by Cherry to take his car and watch the Cherry home until Jackson got there. When Dubose returned to advise of Jackson's arrival, Cherry, the defendant, Dumond and Dubose got into the car and drove to within one-half block of the Cherry residence. Cherry got out of the car, walked around to the back of the car and then returned to the driver's seat and drove to the Cherry home. When they entered the home, Cherry grabbed Jackson by the hair and they began to scuffle. Vera screamed and went to the bedroom and Dubose soon followed. Just as Vera left the kitchen, Dubose testified that he watched the defendant Hinds kneel down and strike Jackson, who was lying face down on the kitchen floor, once with a silver object extending approximately six inches past his hand.

On cross-examination, Dubose admitted that he had volunteered to testify for the State and that he was also charged with the murder but had been granted a severance without objection.

Sgt. Wayne Dumond then testified that he had been granted immunity in the case. He stated that when he got home at approximately 5:30 on the evening in question, Cherry, the defendant, and Dubose were there. Cherry stated that there had been a change in their earlier plans to run Jackson down while he was on his motorcycle. Dubose left to reconnoiter the Cherry home and then returned to state that Jackson was there. The four of them left in Cherry's car and drove to within one-half block of the home. Cherry got out of the car, went back to the trunk and returned with two socket wrench handles. Cherry handed one to the defendant and one to Dumond. When they arrived at the home, Cherry went straight to the kitchen and grabbed Jackson. Cherry got Jackson in a headlock and at that time the defendant came in and hit Jackson on the head with one of the wrench handles. Jackson fell to the floor and Cherry began to kick him. Dumond then joined Dubose and Vera in the bedroom for a while. When he returned, Cherry told him to go into the kitchen and 'finish it off.' At that time, Jackson was trying to get up off the floor and Cherry went back into the kitchen and began to beat Jackson about the head, neck and shoulder area with a hammer. Subsequently, Cherry and Jackson were struggling at the back door of the kitchen and Dumond admitted taking one of the wrench handles and hitting Jackson about the head or neck. Dumond slipped on the blood and Jackson ran out the back door. Under cross-examination, Dumond stated that when Jackson came up off the floor, he had a wrench handle in his hand and that is when Cherry went for the hammer.

Mrs. Janie Mitchell then testified that she lived next door to the Cherry home and that at approximately 7:30 on the evening in question, a man pushed open her door, fell into her living room and asked for help. She asked the man what happened and he said that they were beating him with a hammer. She asked who beat him and he said 'Bill Cherry.' The policeman then asked if there were more than one and Jackson said that there were.

Larry Salmon, a Lawton police officer, then testified that he found Jackson lying on the floor bleeding profusely from the head. Jackson told him that Bill Cherry and two others had beat him. He could not identify the other two men. A broken hammer and two ratchet handles or breakover tools approximately eighteen inches long were found at the Cherry home.

Harry Ezell then testified that he was a Lawton police officer who was called to the scene and that Jackson told him that 'Cherry did this to me; I hope you get him.'

John Krantz then testified that he was stationed at Fort Sill and that on the third day of August he walked in on a conversation between the defendant, Dumond, and Cherry. During the conversation, Cherry asked Krantz if there was any way he could get somebody down to the dispatch shed. Krantz said, 'Well, maybe his log books are messed up.' Someone asked for Jackson's telephone number and Bill Hinds called him and asked him to come down and check over some log books.

Natalee Lefler, an Army WAC, then testified that on the 28th day of July 1972 she had an occasion to talk to the defendant at a local bar. He asked her if she was still going to do a favor for them. Earlier that day, Hinds and Cherry had called her and asked her if she could get some sort of drug to put in Jackson's drink to put him to sleep. They stated that they wanted to drug him so they could take him to a hotel and take some pictures of him with some girls.

Sgt. Ronald E. Jean then testified that on the 24th day of July the defendant told him that Jackson and he had been in an argument, that Jackson threatened to whip him with a pool stick and that he wanted to kill Sgt. Jackson. Under cross-examination, Jean stated that he knew Hinds and that he did not think that the defendant meant what he said, although Hinds had told him that he and Jackson did not get along.

The State then rested.

Sgt. Cherry testified that he was living in Wayne Dumond's trailer and had gone to the base early that morning. About 12:00 p.m., he went to pick up his two younger children at their mother's home. When he got there they were waiting by the street and informed him that, 'Mommy, Pete and Al Jackson--Al is in the house.' He left the children.

Later that afternoon, Cherry went over to Dumond's home and Vera and Dubose appeared shortly thereafter. Vera had been crying and told her father that she, Dubose, her mother and Al Jackson had just had a fight because her mother would not sign to...