Roberts v. State, F--76--419
| Decision Date | 24 January 1977 |
| Docket Number | No. F--76--419,F--76--419 |
| Citation | 561 P.2d 511 |
| Parties | Lawrence Kowaski ROBERTS, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The Appellant, Lawrence Kowaski Roberts, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Carter County, Case No. CRF--75--136, with the crime of Murder in the Second Degree, in violation of 21 O.S.Supp.1973, § 701.2. Defendant was tried by a jury, adjudged guilty and sentenced to an indeterminate term of ten (10) years to life imprisonment in accordance with 21 O.S.Supp.1973, § 701.4. From said judgment and sentence defendant brings this timely appeal.
The first witness for the State was Mr. George Elisee, who testified that he was a detective with the Ardmore Police Department and had been such for the past eight years. He went to Cohee's Domino Parlor, located at 502 East Main in the City of Ardmore, Carter County, Oklahoma, on the 1st day of August, 1975, at approximately 3:00 p.m. to investigate a shooting. Upon entering the building he found Carl Cohee lying dead, half of his body in the bathroom and half in the storage room of the above establishment. The witness then identified State's Exhibits 1 through 5, which were photographs taken at the scene and depicted the deceased lying on the floor. He further described the general dimensions and layout of the interior of the domino parlor and stated that he had found a .20 gauge shotgun in the hallway; however, the deceased appeared to be unarmed.
The next witness was Michael Benjamin, who testified that he was employed at Cohee's Domino Parlor on the 1st of August, 1975. He related that around 3:00 p.m. on that date the defendant and the deceased had been playing dominoes when an argument between the two occurred. The witness was unable to describe the details of the argument, but stated that he felt certain that it had to do with money. Following this argument, another argument ensued between the deceased and Mr. Tom McGee over the ownership of a certain shotgun. The witness then stated that he was able to take the gun in question away from the two men and was attempting to place the weapon in a locker for safekeeping when he heard a shot coming from the hallway. He then immediately ran down the hallway and located the body of Carl Cohee lying on the floor as described by the previous witness. Benjamin also identified State's Exhibits 1 and 2 as photographs of the deceased and related that he had placed a pillow under the head of the deceased upon discovering him injured in the hallway.
On cross-examination, Benjamin repeated that an argument had occurred between Mr. Cohee and the defendant over some money and at one point the deceased had obtained a shotgun from his pickup truck and threatened the defendant during the dispute. While the defendant was being threatened, he observed the defendant reach in his pocket and throw down some money. He observed the deceased pick up the money and start toward his automobile. While the deceased was attempting to replace the shotgun in the automobile, he observed Mr. Tom McGee commence an argument with the deceased over the ownership of the shotgun. At this time the witness entered into the argument and obtained physical possession of the shotgun. He stated that at the time of the shot which he heard while putting the shotgun away, the person who had the last argument with the deceased, Mr. McGee, was in fact, sitting at the kitchen table of the establishment.
Finally, Mr. Benjamin admitted that he had been found guilty of Carrying a Concealed Weapon in August of 1974 and also found guilty of Resisting Arrest in March of 1975.
The next witness was Eulis Harrington who related that he was visiting one Hootie Williams at the Cohee Domino Parlor on August 1, 1975, around 3:25 in the afternoon. He also related that he heard a shot and upon investigation discovered Mr. Cohee lying on the floor. He also identified State's Exhibit No. 1 as a picture representing the deceased at the time he was discovered on the floor.
Mr. Carl Cloud next testified that he was a firearm and tool mark examiner for the Oklahoma State Bureau of Investigation in Oklahoma City, Oklahoma. Mr. Cloud stated that on September 18, 1975, he received some items from Dr. Sam Chapman, whom he knew to be the State Medical Examiner. Mr. Cloud then identified the items received as State's Exhibit 7 and related the articles were contained in a bright cardboard box. The witness then stated that upon examining the pellets and wad he received from Dr. Chapman, that it was his opinion the pellets had been fired from a .16 gauge shotgun.
Dr. A. J. Chapman testified that he was a forensic pathologist employed by the State of Oklahoma in the capacity of Chief Medical Examiner for the State. On August 6, 1975, he had occasion to perform an autopsy on Carl Cohee and related that he removed some pellets and plastic shotgun wadding from the deceased's body and identified those pellets and wadding as that previously identified by Agent Cloud as State's Exhibit No. 7. Finally, Dr. Chapman stated that the cause of death was a shotgun wound to the abdomen.
On cross-examination Dr. Chapman revealed that he identified the body of Carl Cohee by a tag affixed to the body and that the deceased had several old scars about his body, some of which had been caused by surgery and others of which he could not explain.
David Willingham next testified that he was a detective with the Ardmore Police Department and had been employed in such capacity in August of 1975. He arrived at the Cohee Domino Parlor at approximately 3:20 p.m. on the day in question. He then identified State's Exhibit No. 8 as a .20 gauge bolt-action shotgun he found leaning against the wall during his investigation. He also identified State's Exhibits 1 and 2 as photographs taken at the scene, which did, in fact, represent accurately what he saw upon arriving.
Mr. Herman Jackson, Sr. testified that he lived in Gene Autry, Oklahoma, which is located some ten or eleven miles from the City of Ardmore; that the defendant was his nephew and identified the defendant as L. K. Roberts. He then related that he saw his nephew, the defendant, at some time around 2:00 p.m. on August 1st at his mother's house in Gene Autry, Oklahoma. He testified that during a conversation with the defendant he was informed that the defendant had shot a man over $10.00. He stated that the defendant then left that location to go to the home of the defendant's mother with the witness' son, Herman Jackson, Jr.
The next witness for the State was Raymond Matt, who testified that on August 1, 1975, he was at Cohee's Domino Parlor in Ardmore; that he had seen the defendant enter the domino parlor carrying a shotgun and at that time the deceased, Mr. Cohee, was talking on the telephone. He subsequently saw the defendant come out of the establishment immediately after hearing a shot, get in his car and drive off. This witness then identified the defendant as the same man he had seen entering the domino parlor.
On cross-examination Matt related that after the shooting he had returned to his car across the street from the domino parlor and at no time had he talked to the police on the day in question.
The final witness on behalf of the State was Herman Jackson, Jr., who identified the defendant as L. K. Roberts, his cousin. He further testified that between 4:15 and 4:30 p.m. on August 1, 1975, he had occasion to see the defendant at his home. He related that at that time the defendant asked him to take him to his mother's house and he agreed. While they were traveling between his home and the home of defendant's mother, the defendant told the witness that he had just shot L. F. Cohee.
After the State rested, and the defendant's demurrer was overruled, the defendant called as his first witness, Officer Joe Vance. Officer Vance related that in July of 1975, he had occasion to arrest the deceased, Carl Cohee, and his brother, Edward Cohee, on a charge of Public Drunkenness after the two had allegedly been threatening motorists on I--35 east of Ardmore.
On cross-examination, this witness stated that the shotgun involved in the previously mentioned incident had been in the custody of the Ardmore Police Department since July 5, 1975.
Juanita Roberts was called as the next defense witness and related that she was the mother of the defendant. She testified that she had a discussion with the State's witness Raymond Matt in the hallway of the courthouse the day before, and further stated that Mr. Matt had told her at that time that he knew nothing about the shooting and only stated he had left the premises when L. F. Cohee came in with the gun.
The defense next called Officer David Willingham who testified that he was the same David Willingham who had testified on behalf of the State. He stated that he first interviewed Mr. Matt approximately two weeks after the shooting and at that time Mr. Matt denied knowing anything about the shooting. This witness related that after this trial began, he had again interviewed Mr. Matt at the request of the District Attorney, however, he did not know why Mr. Matt had decided to change his testimony.
The final defense witness was Mrs. O. D. Roberts, the grandmother of the defendant. She related that on August 1, 1975, the police had come to her home and informed her that her grandson had killed L. F. Cohee.
For his first assignment of error the defendant alleges that the court erred in overruling the demurrer of defendant to the evidence of the State presented at the preliminary hearing and in overruling defendant's Motion to Dismiss, filed before arraignment and...
To continue reading
Request your trial
-
Jones v. State
...only the two issues: Was a crime committed, and is there reasonable cause to believe the defendant committed said crime. Roberts v. State, 561 P.2d 511 (Okl.Cr.1977). We find from our review of the transcript that testimony taken at the preliminary hearing presented sufficient evidence by t......
-
Holloway v. State, F-78-426
...only the two issues: Was a crime committed, and is there reasonable cause to believe the defendant committed said crime. Roberts v. State, Okl.Cr., 561 P.2d 511 (1977). We find from our review of the transcript that testimony taken at the preliminary hearing presented sufficient evidence by......