Johnson v. State
| Decision Date | 06 July 1920 |
| Docket Number | A-3370. |
| Citation | 190 P. 897,17 Okla.Crim. 558 |
| Parties | JOHNSON v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
A defendant will not be heard to complain that the prosecuting officer elected to try him for the lesser grade of the offense included within the same criminal transaction, as a conviction for such grade of offense, procured without fraud connivance, or collusion of the defendant, is a bar to any subsequent prosecution for any other grade of the offense growing out of the same criminal act.
Where there is competent evidence in the record from which the jury might reasonably conclude that the defendant is guilty of the crime charged, a judgment of conviction will not be reversed on appeal on the sole ground that the evidence is insufficient.
Appeal from District Court, Pottawatomie County; Charles B. Wilson Jr., Judge.
Andrew Johnson was convicted of an assault with a sharp and dangerous weapon with intent to do bodily harm and without justifiable or excusable cause, and he appeals. Affirmed.
G. A Outcelt, of Tecumseh, for plaintiff in error.
S. P Freeling, Atty. Gen., and W. C. Hall, Asst. Atty. Gen., for the State.
The defendant, Andrew Johnson, was charged by information filed in the district court of Pottawatomie county with an assault with a dangerous weapon, to wit, a knife with a blade about two inches long, upon the person of one Ewers White, with intent to do great bodily harm, and without justifiable or excusable cause. The trial resulted in a verdict of "Guilty as charged in the information," the jury fixing the punishment at 90 days' imprisonment in the county jail. From this judgment of conviction the defendant has appealed to this court, and contends that the evidence is wholly insufficient to sustain the conviction, and also that if it shows the defendant guilty of any crime at all it is of some grade of assault and battery, which said crime was not included within the charge filed against him.
The latter contention is based upon a holding of this court in the case of Parks v. State, 14 Okl. Cr. 413, 171 P 1129. The Parks Case has no bearing upon the questions involved in this appeal. In that case, while the defendant was charged with assault with intent to do bodily harm, there was no evidence which would authorize the jury to find the defendant Parks guilty of such crime, while in this case there is evidence which would support a conviction either of some grade of assault and battery or merely of an assault with intent to do bodily harm, as the testimony of the prosecuting witness shows conclusively that the defendant assaulted him at least one time without inflicting any wounds upon his person. While...
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