Johnson v. State
| Decision Date | 22 July 1938 |
| Docket Number | A-9474. |
| Citation | 81 P.2d 872,64 Okla.Crim. 418 |
| Parties | JOHNSON v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. Where motor vehicle strikes person or collides with another vehicle, driver must stop, and, if requested, furnish information going to identity of motor vehicle, driver, and occupants (Laws 1931, c. 50, art. 9, p. 1, 47 Okl.St.Ann. § 104).
2. Where there is competent evidence supporting the theory of the State, and there is other evidence conflicting therewith the issues so raised are solely for the jury under proper instructions of the court, and the findings of the jury on such issues will not be disturbed by this court.
3. Evidence considered and held sufficient to support a conviction for leaving scene of a motor vehicle collision without furnishing information as required by law to the occupant of the other vehicle.
Appeal from County Court, Seminole County; Bob Aubrey, Judge.
Cherry B. Johnson was convicted of leaving the scene of a motor vehicle collision without furnishing information to the occupant of the other vehicle as required by statute, and he appeals.
Judgment affirmed.
Davis & Patterson, of Wewoka, for plaintiff in error.
Mac Q Williamson, Atty. Gen., and Jess L. Pullen, Asst. Atty. Gen for the State.
Plaintiff in error, Cherry B. Johnson, was convicted in the county court of Seminole county upon information charging a violation of Sec. 10329, St.1931 (47 Okl.St.Ann. § 104), providing in substance that whenever a motor vehicle strikes any person, or collides with any vehicle containing a person, the driver of such motor vehicle shall stop, and shall give to the person struck or to the occupants of the other vehicle, if requested, the number of the motor vehicle, the name of the owner and of the passengers, with the address of each.
Motion for new trial duly filed, was on November 23, 1937, overruled. Thereupon the court rendered judgment in pursuance of the verdict and sentenced the defendant to pay a fine of One Hundred Dollars and the costs.
The information jointly charged that Cherry B. Johnson and Herbert Dunlap did unlawfully drive one Ford Truck upon and along Hitchiti Street, in the City of Wewoka, and did strike one Frank Pittman, and after said accident did then and there fail and refuse to stop the said motor vehicle and furnish such information as is required by law.
Upon arraignment the state dismissed the case as to the defendant, Herbert Dunlap, and by leave of court endorsed his name on the information as a witness for the State.
The errors assigned and relied on for a reversal of the judgment question the sufficiency of the evidence to sustain the verdict.
The testimony on the part of the state was substantially as follows:
Frank Pittman testified that on the date alleged he parked his car on Park Street and Hitchiti and attended services at the nearby Baptist Church; that when they started taking up the collection he left and went to his car, he told the woman with him to get in and unlock the other door; that he saw a truck coming and as it passed it knocked him against the fender and carried him to the end of his car where he fell; that he kept hallowing for them to stop, and the truck went dead and stopped about ten feet beyond his car, and he hallowed for them to come and help him, but they cranked it up and went on; that the truck had side boards and had the name "C. B. Johnson" on the side. That this happened about 9:30 P. M.
Elizabeth Sewell testified that she was with Frank Pittman at church on the night of the day alleged; that she witnessed the accident. She further testified: "After church I came out and we went to get in the car and just as I got in the car Cherry Johnson's truck was coming around the corner of Hitchiti; Mr. Pittman was coming around the car to get in and the truck knocked him down and I hallowed 'stop' I got out of the car, Frank Pittman was in the ditch; I saw Cherry Johnson and a woman on the truck; Johnson had a big white hat on." That the truck had no tail lights and the front lights were dim. That she is well acquainted with Cherry Johnson, and she is sure that he...
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