Morgan v. State

• Decision Date: 12 May 1939
• Docket Number: A-9495.
• Citation: 90 P.2d 683,66 Okla.Crim. 205
• Parties: MORGAN v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

90 P.2d 683

66 Okla.Crim. 205

MORGAN v. STATE.

No. A-9495.

Court of Criminal Appeals of Oklahoma

May 12, 1939

Syllabus by the Court.

1.Where a court is in the actual and rightful possession of the office, and is discharging the duties of the same, the fact that, in giving his bond, he failed to give a bond in the amount required by statute, does not render his judicial acts void; and the action of the court in exercising jurisdiction in a criminal case cannot be inquired into collaterally, but only in a direct proceeding at the instance of the State.

2.An officer de facto is one whose acts, though not those of a lawful officer, the law upon principles of policy and justice will hold valid so far as they involve the interests of the people and third persons, where the functions of the office are exercised by one who is in actual possession of it under color of title.

3.The evidence is sufficient to sustain the judgment.

4.The defendant's motion to disqualifythe court was properly overruled.

5.There are no errors in the record warranting this court in reversing the case.

Appeal from County Court, Coal County; W. B. Thornsbrough, Judge.

William Morgan was convicted of drunkenness in a public place, and he appeals.

Judgment affirmed.

H. M Shirley, of Coalgate, for plaintiff in error.

Mac Q Williamson, Atty. Gen., and Jess L. Pullen, Asst. Atty. Gen for the State.

DAVENPORT Judge.

The defendant was tried in the County Court of Coal County, upon information filed against him charging him with being drunk in a public place, on Main Street of the City of Coalgate, was convicted, and sentenced to pay a fine of $10 and costs.

Walter Clark, testifying for the State, stated: "I am Sheriff of Coal County, Oklahoma.On the 12th of April, 1937, I saw Billy Morgan out in the middle of the street, and I arrested him for being drunk.About fifteen minutes before I arrested him I received a call, but I do not know who it was that called me.When I got down to the street, the defendant was about the middle of the street, staggering drunk.He was by himself, and was not bothering anybody at the time.At the Tavern they said he had been over there drunk, and had put a pistol on the counter.I thought that if he had a gun and was brandishing it around and was drunk, he had better have the gun taken off of him."

Sam Shore stated that he was a constable in Coal County, and that he saw the defendant on the 12th of April, 1937, in the middle of the street."I was sitting talking with some fellow on a bench in the front of the Tavern.I saw Walter Clark arrest him.It is my best judgment that he was drunk at the time Clark arrested him.I have seen some that was staggering, and I would let them go.They are not good friends of mine that I let go.They all look alike to me.I was around the Tavern that night, but I did not see Billy Morgan in the Tavern.He was in the street when I saw him."

P. J. Barnett was called as a witness on behalf of the defendant; stated, "My name is P.J. Barnett.On the 12th of April I was in the county jail of Coal County.I was cooking at that time.I was serving a sentence.They caught a still on my place.I saw Billy Morgan when he was put in jail that night.In my estimation Billy Morgan was not drunk enough to be arrested that night.I saw no signs of drunkenness after he was put in jail."

On cross examination the witness stated that Billy Morgan was put in jail about dusk, maybe a little bit later."He looked sober to me.He did not look like a drunk man.I would say he was sober.I would not say that he had not had a drink, as I do not know.I would say that he was not drunk."

Jim Barnett stated that he was serving time for making liquor."I saw Billy Morgan on the night at the jail when he was put in.I saw him and heard him talking after he was put in the jail.He was not drunk.I would not say he was sober.He had been drinking."

On cross-examination the witness stated he could tell he had been drinking by his actions.

Slim McGehee, a witness for the defendant, stated: "My name is McGehee.They call me Slim.I know Billy Morgan.I have known him fifteen, maybe, twenty years.I saw Billy Morgan in the pool hall on two or three different occasions.I do not remember seeing Billy Morgan on the night he was arrested.I do not know whether it was that night I saw him at the pool hall or not.He was sober when I saw him.I have been convicted of the crime of running a disorderly house in Oklahoma."

Billy Morgan, testifying in his own behalf, stated: "My name is William Morgan.I am sixty-three years of age.I am a barber."

E. Pritchard, testifying for the defendant, stated: "My name is E. Pritchard.I am Justice of the Peace in Coal County.A charge of drunkenness was filed against Billy Morgan in my court; he was not convicted as he was not tried on the charge.There was a change of venue filed in that case."

Marvin Balch was called and testified as follows: "I dismissed the charge against the defendant in the justice court and refiled it in the county court."

William Morgan, the defendant, was recalled and testified as follows "I was not in the Tavern the night I was arrested.I walked down and sat in front of the Tavern.Butch Jackson and Gassaway came out of Dr. Hipe's place and made some threatening remarks.He threw his coat back and I could see he had a gun, and he said, 'I will get that Son of a Bitch yet', talking about me.When they went on, I went to the shop and got my gun and put it on, and came on back down and angled across the street to the pool hall, and went in.I stayed there probably an hour.It was after that night that I shot at Gassaway.I was not drunk that night.I had been working all day, that day, and walked down to...