Sparkman v. State

• Decision Date: 08 September 1939
• Docket Number: A-9550.
• Citation: 93 P.2d 1095,67 Okla.Crim. 245
• Parties: SPARKMAN v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

93 P.2d 1095

67 Okla.Crim. 245

SPARKMAN v. STATE.

No. A-9550.

Court of Criminal Appeals of Oklahoma

September 8, 1939

Syllabus by the Court.

1. An information is sufficient which states the offense clearly and distinctly in ordinary and concise language without repetition, in such manner as to enable a person of common understanding to know what is intended.

2. The exact words of a statute defining a crime need not be used in an indictment or information charging it, but any words clearly and intelligently setting forth the offense are sufficient.

3. An information which informs an accused of the offense with which he is charged with such particularity as to enable him to prepare for his trial, and so defines and identifies the offense that if convicted or acquitted he will be able to defend himself against any subsequent prosecution for the same offense, is sufficient.

4. The true test of the sufficiency of an indictment or information is not whether it might possibly have been made more certain but whether it alleges every element of the offense intended to be charged and sufficiently apprises the defendant of what he must be prepared to meet.

5. Robbery committed "with the use of firearms or any other dangerous weapons" (Penal Code, § 2543, 21 Okl.St.Ann. § 801), includes robbery as defined by Penal Code, § 2542, 21 Okl.St.Ann. § 791, and where the evidence on the part of the State clearly establishes all the essential elements of robbery so defined, the defendant may be convicted of the included offense.

6. To constitute the crime of robbery it is not material whether the title to the property is in the person from whom the property is taken or in another.

7. The force and violence which is essential to the crime of robbery must be concomitant with the taking of property from the person or the possession of another. Whether that person was the owner or legal custodian of the money or property so taken is immaterial, so far as the charging of the offense is concerned.

8. An information which brings one charged within the class against which the penalty of the statute is directed is sufficient.

9. An opening statement is, and purports to be, no more than an outline of the state's theory and the evidence expected to be offered in support. The statement of incompetent or immaterial matter affords no ground for reversal unless it appears that the statement was manifestly prejudicial.

10. Evidence which tends to throw some light upon the guilt of defendant, and which has some logical connection with the crime charged, is not inadmissible because it may tend to show him guilty of some other crime.

11. Evidence of defendant's identity as one of those participating in the commission of the robbery, held sufficient.

12. In a prosecution for robbery with firearms, conjointly committed, evidence considered and held sufficient to support the verdict and judgment of conviction.

Appeal from District Court, Delaware County; Ad V. Coppedge, Judge.

A. J Sparkman was convicted of robbery with firearms, and he appeals.

Affirmed.

Appellant A. J. Sparkman, was convicted in the district court of Delaware county of the crime of robbery with fire-arms, and sentenced to serve a term of 18 years' imprisonment in the state penitentiary, upon an information filed in said court on November 29, 1937, in which A. J. Sparkman, Turner Linam and Cliff Beck were jointly charged with the crime of robbery by fire-arms, alleged to have been committed on the 24th day of October, 1937, in Delaware county.

The testimony in the case was substantially as follows:

Mrs Lem Swicegood testified: "I live south of Colcord. I was visiting in Brentwood, California, and arrived back here October, 1937, I came back with Turner Linam, Pearl Linam, his sister, A. J. Sparkman, Genie Schuster and Boyd Swicegood, my son. The automobile was a grey Chevrolet, two seated car, equipped with a radio, I noticed a long gun in the car, don't know whether it was a rifle or shot-gun, I gave Turner Linam $30.00 to help pay the expenses."

Ruth Foyt testified: "I live at Colcord, I saw this defendant, A. J. Sparkman, with Pearl Linam at church, and I saw Cliff Beck at Mrs. Roy Woods, his sister, who lived about a mile and a half from the church. I left for home about eight o'clock that evening with her sister, Pansy. Cliff Beck was there at that time; I next saw him at the church, about 10 o'clock and Turner Linam was there; that was Sunday, October 24, 1937."

Mrs. Roy Woods testified: "I have lived around Colcord all my life, I have known Mr. and Mrs. Lee Linam, parents of Turner Linam, for seven or eight years. On Sunday, October 24, 1937, Turner Linam came to my house between sun down and dark, my brother Cliff Beck was drinking and Linam came to see if he had made it home all right. Between seven and eight o'clock that night Turner and Cliff went off."

Lon Burcham testified: "I live near Colcord, north and west, the road from my place to Colcord goes by the home of Lee Linam, on Sunday October 24, I saw Turner Linam and his sister, Pearl, Cliff Beck and A. J. Sparkman at church there that night, and a black hair girl they called Genie was with them; that after church was over they all came out together. I should judge the revival meeting was over 10:30 or 11 o'clock."

Bud Simms testified: "I live at Colcord, have lived in that community for 26 years, Turner Linam lived there and we grew up boys together, he was gone quite a while and came back in October, he came to my house Sunday night, the latter part of October, last year, I don't know the date exactly, I had been asleep, he said he just wanted to borrow a gun, I told him I did not have any gun except my father-in-law's, and I would not loan it, he said he was going out on a deal or party and would have the gun back by day light, I heard about some old German woman being robbed on Tuesday after he was at my place Sunday night."

Walter Marshall testified: "I live three and one half miles east and one north of Colcord; Turner Linam, and Cliff Beck were at my house Sunday night, October 24, 1937, about 9:30 or 10 o'clock; Cliff said he wanted to borrow a shot gun, I told him I had sent to town the day before and got some shells so I could borrow my dad-in-law's gun to go rabbit hunting, he said, would I sell him the shells, I said all right, and he asked Turner to pay for the shells, and Turner handed me a quarter for the shells; Turner said, we have a drink out to the car, if you want it, we went out to the car and Turner handed me a fruit jar, and I took a couple of drinks, I saw an old shot gun laying in the back of the car, another fellow was sitting in the car, I did not speak to him, and never saw him before, the radio was playing in the car, Cliff Beck lives over a mile from me, in a general course west; these Brocker women live east from me. That while Turner Linam, Cliff Beck and this stranger were at my place, Liman and Beck said if anyone asked about them to say that he had not seen them. They were all three there in the car."

Monroe Greer testified: "I live down by Center Point schoolhouse, about one mile from where Antye and Anna Brocker live. On Sunday night, October 24, I went by their place, going west in a car, I noticed a car headed west in front of their place; I noticed the license plate was blinded with a white rag tied over it, the car lights were on, but I could not see any person in it, I think it was then about eleven o'clock."

Mrs Anna Brocker testified: that she was fifty-five years of age; that she lived on route 2 from Colcord in Delaware county, with her mother, who is eighty-three years old; that they had lived in that community seventeen years. On Sunday night, October 24, three young men came to their house. The thing that woke her up was a dog coming from the front. She had some young chickens there and thought the dog was after them. She chased him over the fence. When she came back she looked at the clock and it was 11:30. She went back to bed. Then a man came and knocked on the door once or twice. She went to the door and opened it. He said his car was dry and asked for water. She said she would get the water but had no pail, he said he had no pail, and asked her if she had no pail at all, she answered that she had a cream can, and that she would get the water; then she went out to the pump, that the little one in front took the water slowly. They could not get the gate open and they jumped over the fence, they threatened her, they said they did not come for water, they came for money. She told them she had only fifty cents, they said they did not come for that, they came for the money, they asked if there were any men in the house. She told them there were no men in there, only her mother and herself. They wanted the lamp. She said she would light the lamp but they would not let her. They found the lamp and lit it. Two of them were masked. The one that first came to the house and asked for the water had no mask on. When the lamp was lighted, they took it in the bed room and set it on a lard can and began to search for the guns and for the money. While they searched she sat on the bed. She looked through the window and saw another car come from the west, then a man knocked her down on the bed and hit her three or four times. She stayed on the bed, one sat on the floor with the gun. He said he would like to search a while. She told him there was $10 out there, in the coffee pot, but he couldn't understand. Her mother came in from her bed and he slapped her, witness cried out, "No, oh no, you don't; ma is 83 years old." Then he wanted to find the coffee pot, and found it under the bed. He found the $10 in the can and handed it over to the one who sat in front-h...