Huitt v. State, F--76--628
| Decision Date | 29 March 1977 |
| Docket Number | No. F--76--628,F--76--628 |
| Parties | Freddie HUITT, Jr., Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Freddie Huitt, Jr., hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Payne County, Case No. CRF--75--289, for the offense of Murder in the Second Degree, in violation of 21 O.S.Supp.1973, § 701.2 1. His punishment was fixed at a term of ten (10) years to life imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court.
At the trial, Carolyn Chestnut, the deceased's wife, testified that on the late afternoon of November 8, 1975, she and her husband went to the Wagon Wheel Bar in Cushing, Oklahoma. They stayed for approximately an hour before leaving with defendant's common-law wife and her daughter. They ate dinner, went to several other bars, eventually ending up at the SPA Bar, around 8:00 p.m. They sat down at a table with Bobby and Iris Woods and Jackie and Barbara Jones. Defendant ordered a beer and put it down on a nearby table; he then headed toward the back of the bar, stumbled and dropped an opened pocket knife on the floor. He picked it up and placed in in the pocket of his jacket. Defendant then started arguing with Dorothy Woods. Her husband attempted to settle the argument and defendant stated that if 'Dorothy did it again he would slit her throat.' (Tr. 47) Her husband told defendant not to act that way and defendant stated, 'You don't believe that I can't cut a throat?'. He then reached across the table and stabbed Chestnut who was still seated in his chair. Chestnut was taken to the Cushing Hospital and subsequently to St. Anthony's Hospital in Oklahoma City.
Donita Fulmek testified that she was working at the SPA Bar on the evening in question. Defendant came into the bar at approximately 8:30 p.m.; ordered a drink and someone invited him to join the party. She observed defendant lean over and strike Charles Chestnut. A woman screamed that Chestnut was bleeding. She went to the telephone to call an ambulance. The defendant followed her and asked who she was calling. She replied, 'an ambulance,' and defendant stated 'well you had better not call the police.' Defendant then said something about 'cut' and 'throat' and walked out the door.
J. R. Harless testified that he was in the SPA Bar on the evening of November 8, 1975. He heard the sound of a glass breaking and observed, in a bar mirror, defendant standing behind him near the table where the deceased was seated.
Officer Calvin Wright testified that he arrived at the SPA Bar at 8:43 p.m. He observed Charles Chestnut sitting in one of the booths, bleeding from the neck. He arrested the defendant later that night in front of the Wagon Wheel Bar.
Martin Jackson Jones, Jr. testified that he was sitting with the Chestnuts in the SPA Bar; that he was 'pretty well intoxicated,' but remembered defendant sitting at a table next to them and that Charles Chestnut had been stabbed.
Barbara Jones testified that she was also with the Chestnuts in the bar. She observed the defendant enter the bar; she went to the bathroom and when she returned, Chestnut had been injured and an ambulance had arrived.
Bobby Wood testified that the defendant entered the bar and was invited to sit down at their table. Defendant told Chestnut to leave him alone. He next heard some bottles tipping over and someone said 'he's bleeding.' He testified that he was intoxicated and did not remember exactly what happened.
Iris Wood testified that Chestnut kept insisting that defendant join them at the table. Defendant stated, 'don't mess with me because I am messed up in my own mind so I don't want you to mess with me.' (Tr. 177) She left the table and went to the bar to get some quarters. She heard a coke glass being knocked over and observed that Chestnut was bleeding from the neck. The bar maid made a telephone call. Defendant asked her if she was going to call the police. She replied that she was calling an ambulance. Defendant stated, 'I know it because he's been cut or stabbed or something like that.' (Tr. 179)
Dr. Douglas Green testified that he observed Charles Chestnut at the emergency room of the Cushing Hospital at 8:45 p.m. He performed surgery upon the injury and found that the bleeding was coming from 'relatively superficial divisions' of the juglar vein. The bleeding was controlled and Chestnut maintained a stable condition until sometime after midnight. Sufficient deterioration occurred thereafter that he was transferred to St. Anthony's Hospital in Oklahoma City. Dr. Green also stated that he agreed with Dr. Chapman's finding that the stab wound to the neck was the cause of death.
Dr. A. J. Chapman testified that he was the Chief Medical Examiner for the State of Oklahoma; that on November 11, 1975, he performed an autopsy on the body of Charles Chestnut. It was his opinion that the cause of death was a stab wound to the neck.
For the defense, Dorothy Wood Huitt testified that she went to the Wagon Wheel Bar at approximately 6:00 p.m. Defendant was drinking with the Chestnuts. The defendant and Chestnut discussed repairing defendant's automobile. She left the Wagon Wheel with the Chestnuts. They ate dinner and met the Joneses and Woods at another bar. They all proceeded to the SPA Bar. Defendant entered the bar approximately ten minutes after they arrived. Chestnut invited the defendant to sit with them. Defendant refused saying he didn't want to sit by the witness. Chestnut continued to call defendant names and defendant stated, 'leave me alone; stay out of my face.' Defendant grabbed Chestnut and again told him to leave him alone. Defendant left the table and went to the bar; returned to the table next to theirs and a commotion started. She testified that she did not see defendant stab Chestnut.
Bob L. McNair testified that he was employed as a bartender at the 33 Club. Defendant came into the club some time after 9:00 p.m. and had a funny expression on his face and his eyes were glassy.
Laura Grant testified that she was employed at the Wagon Wheel and the defendant and Chestnut both drank beer and whiskey.
Ruby Anderson testified that she observed defendant about 11:15 p.m.; his eyes were glassy and he did not recognize her.
Defendant asserts, in his first assignment of error, that the committing Magistrate erred in binding him over for trial. Defendant argues that the State did not introduce sufficient evidence at the preliminary hearing to show probable cause that the knife wound was the cause of death. We have carefully examined the preliminary hearing transcript and find that although the State failed to introduce medical testimony to establish the cause of death, that the same was established by circumstantial evidence. Carolyn Chestnut testified that the defendant stabbed her husband on November 8, 1975, and that he was bleeding very badly. She further testified that prior thereto he was in excellent condition and did not suffer any other injury to her knowledge until the date of his death on November 10, 1975.
In State v. Edmondson, Okl.Cr., 536 P.2d 386 (1975), we set forth the two elements of the corpus delicti of a homicide case as (1) fact of death and (2) the criminal agency of another responsible for that death. We further stated, as follows:
We, therefore, find defendant's first assignment of error to be without merit.
Defendant contends, in the second assignment of error, that the trial court erred in overruling his motion for funds to employ a medical expert to assist in his defense, at the...
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