Jenkins v. State, A--17663

• Decision Date: 23 March 1973
• Docket Number: No. A--17663,A--17663
• Citation: 508 P.2d 660,1973 OK CR 165
• Parties: Paul JENKINS, Jr. and Lloyd Stevenson Bond, Appellants, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 660

508 P.2d 660

Paul JENKINS, Jr. and Lloyd Stevenson Bond, Appellants, v. The STATE of Oklahoma, Appellee.

No. A--17663.

Court of Criminal Appeals of Oklahoma.

March 23, 1973.

C. W. Pate, Tulsa, for appellant Paul Jenkins, Jr.

Paul Brunton, Public Defender, Tulsa County, for appellant Lloyd S. Bond.

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

OPINION

BRETT, Judge:

Appellants, Paul Lee Jenkins, Jr., and Lloyd Stevenson Bond, hereinafter referred to as defendants, were charged, tried and convicted in the District Court of Tulsa County, Case No. CRF--72--8, for the crime of Kidnapping. Paul Lee Jenkins, Jr., was sentenced to a term of five (5) years, and Lloyd S. Bond to a term of fifteen (15) years in the State Penitentiary in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court. Judgment and sentence affirmed.

Briefly stated, the facts of the case are as follows: On the morning of January 2, 1972, at approximately 11:30 a.m., Mrs. Bess Keith of Collinsville, Oklahoma, left her apartment to investigate hammering noises coming from the direction of another apartment. Mrs. Keith went to the empty apartment and pushed the door open. She testified that she inquired of two men, later identified as the defendants, as to what they were doing. At that point, a third man appeared from behind the door, put a gun to her arm and ordered her to sit down in a chair and lower her head. This third person left shortly and one of the defendants took his place guarding Mrs. Keith with a second gun. Not long thereafter, the two defendants took Mrs. Keith into the adjoining bedroom, placed her on a bed and bound her legs. The men were in the process of binding Mrs. Keith's hands when she heard, what she described as a gun shot, and screamed. The two men left her hands partially tied and ran out of the room. Mrs. Keith was untied by two ladies about five to ten minutes later. The entire incident took approximately fifteen minutes.

Officer Ted Stanford, of the Collinsville Police Department, arrived shortly at the scene of the incident and radioed a message that three men had left in a blue Karmann Ghia headed east, out of Collinsville.

Trooper John Haynie, of the State Highway Patrol, having received a dispatch describing the car with the three men, spotted the car and pursued the men until they reached a road block set up by the Collinsville Police. The men tried to avoid the road block, and as a result the driver was shot by a police officer and the car ran off the road out of control. The defendants were then arrested and taken to the Tulsa City Jail. There, Officer Johnson, of the Tulsa Police Department, interviewed and took statements from both defendants. Johnson testified at the trial that defendant Bond had stated to him that he had been too intoxicated to remember everything but that he did remember being with Jenkins and Wyatt (the third participant, killed in the road block incident) in Collinsville; and he remembered the car running off the road. Officer Johnson further testified as to a statement taken from Jenkins. Jenkins' statement recounted the entire incident in Collinsville, stating that the two defendants had intended to break through the floor of the empty apartment and go into the drug store beneath to obtain narcotics. Jenkins also stated that he and Bond had indeed been interrupted by Mrs. Keith, had detained her first in a chair and eventually had taken her to the bedroom where they had tied her up on he bed.

Defendants were initially charged with three separate offenses, i.e., burglary, second degree; kidnapping; and shooting with intent to kill. At the conclusion of the preliminary examination, the magistrate sustained defendants demurrers to two of the charges and ordered that the defendants be bound over to stand trial on only the kidnapping charge insofar as the three offenses arose out of one single transaction. Thereafter, the trial proceeded on the kidnapping charge at which the jury found both defendants guilty...