Mannon v. State

• Decision Date: 27 December 1939
• Docket Number: A-9638.
• Citation: 98 P.2d 73,68 Okla.Crim. 267
• Parties: MANNON v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

98 P.2d 73

68 Okla.Crim. 267

MANNON v. STATE.

No. A-9638.

Court of Criminal Appeals of Oklahoma

December 27, 1939

Syllabus by the Court.

1. Defendant, Roy Mannon, was convicted in the District Court of Wagoner County, of the murder of Jake Skelly, deceased, and his punishment was fixed by the jury at death by electrocution.

2. The only contention is that the judgment and sentence should be modified. Record examined and found that defendant received a fair and impartial trial. That he was accorded every right guaranteed him by the Constitution and statutes of this state, and that under the evidence the court is not justified in setting aside the verdict of the jury, and modifying the judgment and sentence rendered.

Appeal from District Court, Wagoner County; E. A. Summers, Judge.

Roy Mannon was convicted of murder, and he appeals.

Affirmed.

Fred W Martin, of Oklahoma City, and John H. Moss, of Wagoner, for plaintiff in error.

Mac Q Williamson, Atty. Gen., Jess L. Pullen, Asst. Atty. Gen., and E. J. Broaddus, Co. Atty., of Wagoner, for the State.

BAREFOOT Judge.

The defendant, Roy Mannon, was charged with the murder of Jake Skelly, in Wagoner County, on November 14th, 1938. He was tried, convicted, and sentenced to be executed, and has appealed.

The record reveals that the deceased, Jake Skelly, was an old man, 67 years of age, who had lived alone in the outlying part of the City of Wagoner. He was a recluse and was not very much in the company of others. He was in bad health, and was suffering from an inflammatory condition of the heart muscles, and had high-blood pressure and hardening of the arteries. He was quite feeble and could not walk well. He was in the habit of carrying on his person from one hundred to two hundred dollars in money. He had been paid forty dollars in cash just a few days prior to his disappearance. He was last seen alive at his home on Sunday, November 13th, 1938, at 10 P. M. He was not seen at his home after that time, and his body was recovered from a well on the 17th day of December, 1938, with five pistol shots in his head and body, one of which was recovered from the body. This well was located on a farm belonging to Harve L. Hollingsworth, in Wagoner County, and about twenty-five miles from Coweta and thirty-four miles from Wagoner.

The jury, in the trial of defendant, found him guilty of the murder of the deceased, Jake Skelly, and found that he should be executed on the 12th day of May, 1939, in the manner provided by law. His case has been appealed to this Court, and the time of his execution has been extended pending this appeal.

His appeal has been perfected by his attorneys, who were appointed by the Court to defend him. The record is complete. Oral argument has been presented before this court, and counsel for defendant are to be commended for the manner in which they have represented defendant without pay, and have protected his rights in the trial court and in this court.

It is not contended here that any reversible error is presented in this appeal, but that the evidence, being based partially upon circumstantial evidence, is such, that does not warrant the verdict of the jury in assessing the death penalty, and that the judgment and sentence of the District Court should be modified to imprisonment of the defendant in the penitentiary for life.

This Court feels deeply the responsibility placed upon it by this appeal. The record has been read and re-read in order that we might determine if every link in the chain of circumstances, and the testimony in the case is of such character, that not even a reasonable doubt might be left in our minds as to the guilt of the defendant.

We deem it advisable to first refer to the evidence of the defendant, and then to that of the state, and from all the evidence, draw our conclusion as to its sufficiency to uphold the judgment and sentence given in this case.

Defendant Roy Mannon, testified that he was acquainted with the deceased, Jake Skelly, and had known him for several years. That he had bought whiskey from him, but had sold him more than he had bought from him. That they knew each other well. That deceased called him Roy, and that he called deceased Jake. That for some time prior to November 10th, 1938, he had been working for Harve L. Hollingsworth, who owned two farms in Wagoner County, about twenty-five miles from Coweta, and thirty-four miles from Wagoner. One of these farms was known as the upper or north place, and the other as the lower or south place. That Tom Coulson lived on the north place. That he had picked cotton, gathered corn, and threshed pecans. That when he left there on Saturday, October 29th, 1938, he went to Muskogee. That he had an agreement before he left there with Tom Coulson, that he would meet him in Wagoner Saturday week, which would be November 12th, 1938. That he was in Wagoner Saturday night, November 12th, but did not see Tom Coulson that night. That he stayed at John Nealey's. He having brought his mother there on Thursday, November 10th, 1938, and returned on Saturday, November 12th, 1938. That he remained at John Nealey's house all Sunday, but came back down town about dark Sunday evening, November 13th. He walked along the streets and said he first saw Mr. Clay Flowers, the Sheriff of Wagoner County, and Jean Reed and his wife. That about 8 or 8:30 P. M. he saw Tom Coulson while standing out in front of the restaurant, and that with him was a man whom he recognized as "Clarence", and who was also referred to in the record as "Claude", whom he had formerly known in the penitentiary. He did not go with them at that time but made arrangements to meet them later. He afterwards met them at the Katy tracks about 11 or 11:30 P. M., and they started west of town toward Coweta. "Clarence" was driving the car. When they were north of Coweta he noticed that they were about out of gas, and they stopped and "Clarence" said: "I have got to go over the fence a minute and you flag down that car yonder and see if you can get some gas off of them". He stopped the car of Johnson Bailey, who had with him his son, Willie Bailey, and procured from him a small amount of gasoline and paid him twenty cents therefor. He had the following conversation with Mr. Bailey: "I don't believe you know me Mr. Bailey?", and Mr. Bailey said: "I don't unless it is Roy Mannon", and he said: "That is who it is". After Mr. Bailey had passed on another son of Mr. Bailey, Ralph Bailey, came along in his car, going north, and gave him a push for about a half mile, and got him started and told him where he could get some gasoline. According to defendant's statement "Clarence", during all this time was over the fence and was not seen by Ralph Bailey. After he had passed on he stopped and waited until "Clarence" overtook him and Tom Coulson, whom he stated stayed in the car. They drove on about two miles to a store that was operated by Jack Starns. It was about 2 o'clock. He went upon the porch with "Clarence" and they woke Mr. Starns up and told him they wanted some gasoline. That before Mr. Starns came out "Clarence" had said he had to go down the road a little ways and that he would meet him. That he procured the gasoline, and told him he had another fellow to pick up, meaning "Clarence". That Tom Coulson talked with Mr. Starns and asked him, "Who is this fellow. Do you know him?", and that he just told him, "to shut his mouth". They then went to Tom Coulson's house, and both he and Tom Coulson got out of the car and went into the house. That "Clarence" did not get out. That he saw Margaret Bettis there, but did not flash any flash light in her face. That he had gone back out there to get his job, but found out after talking to Tom Coulson that he had lost his job. He went back out to the car, and "Clarence" was waiting for him and they started to Tulsa. They had only gone three or four miles when they decided to buy some whiskey and bootleg some liquor. They could not get any liquor, so they returned to the home of Tom Coulson, and "Clarence" asked him, "Can you get any whiskey from Tom?" and I said; "I guess I can if he has got it". He stated that "Clarence" and Tom had had a drunken argument and "Clarence" did not want to talk to him, but told him, "If you will go buy it for me, I'll pay for it". "Clarence" agreed to pay for half of the liquor, and gave him a watch and chain to pay his part as he did not have any money. That "Clarence" got out of the car and agreed to wait for him. He went back to Tom Coulson's house and the house was dark, but he woke them up and told them it was Roy. Tom Coulson went with him to get the whiskey. He got five gallons in a keg and also a five gallon jug which were at different places. It was around 3 or 3:30 in the morning. He decided to keep the watch and paid Tom Coulson twenty dollars in money for the whiskey. When they started back he ran the car into a stump and broke the five gallon jug, and afterwards hid the five gallon keg. That Tom Coulson's nose was broken. That he did not go to get any pecans. That the windshield of the car was broken at this time. That they walked back to Tom Coulson's house and built a fire. That they woke Ed McFarland up about daylight and asked him to go down and try to get the automobile off the stump. He did so and defendant went with him. When they returned he sat down in a chair and went to sleep. That he did not, at any time, throw any papers into the stove and burn them up. Nor did he make any statement concerning them. He ate breakfast the next morning and asked Ed McFarland to take him to Tulsa and finally went over to Claud Edding's house, and made arrangements with him to go to Tulsa and get a part for his car. He got back about 3:30 or 4 P. M. He had...