Villines v. State, A--16722
| Decision Date | 16 December 1971 |
| Docket Number | No. A--16722,A--16722 |
| Parties | Vernon D. VILLINES, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Hubert Hargrave, Wewoka, for plaintiff in error.
Larry Derryberry, Atty. Gen., Sondra Leah Fogley, Asst. Atty. Gen., for defendant in error.
Vernon D. Villines, hereinafter referred to as defendant, was charged in the District Court of Seminole County, Oklahoma with the crime of Murder. He was convicted for the offense of Manslaughter in the Second Degree, and his punishment was fixed at two (2) years imprisonment; from said judgment and sentence, a timely appeal has been perfected to this Court.
This cause must be reversed for the reason that the trial court, over the objection of the defendant, gave the following instruction:
'INSTRUCTION NUMBER THIRTY
'Under the law of this State, the defendant has the right to take the stand to testify in his own behalf and such testimony goes before you same as the testimony of any other witness in the case, to be weighed and considered according to the same rule; but the fact that he does not testify cannot be considered by you to his prejudice and does not create any presumption of guilt as against him, and should not have influence upon you arriving at your verdict.
'It is your duty, under the law, not to comment on, refer to, or in any manner consider this fact in arriving at any verdict you may return in this cause as against the defendant.'
In Brannin v. State, Okl.Cr., 375 P.2d 276, the trial court stated the following instruction:
In discussing this instruction, we stated:
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Lakeside v. Oregon
...231 N.W.2d 654 (1975); Gross v. State, 261 Ind. 489, 306 N.E.2d 371 (1974); State v. White, 285 A.2d 832 (Me.1972); Villines v. State, 492 P.2d 343 (Okl.Crim.App.1971); State v. Kimball, 176 N.W.2d 864 (Iowa 1970); Russell v. State, 240 Ark. 97, 398 S.W.2d 213 (1966); People v. Horrigan, 25......
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Hardaway v. State
...e.g., Commonwealth v. Buiel, 391 Mass. 744, 463 N.E.2d 1172 (1984); Russell v. State, 240 Ark. 97, 398 S.W.2d 213 (1966); Villines v. State, 492 P.2d 343 (Okla.1971); State v. Kimble, 176 N.W.2d 864 (Ia.1970); People v. Lee, 44 Ill.App.3d 43, 2 Ill.Dec. 668, 357 N.E.2d 888 (1976). 2 For cas......
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State v. Lakeside
...indication of that in the opinion. 4 The Court of Appeals found that Gross v. State, 261 Ind. 489, 306 N.E.2d 371 (1974); Villines v. State, 492 P.2d 343 (Okl.Cr.1971); and People v. Molano, 253 Cal.App.2d 841, 61 Cal.Rptr. 821, 18 A.L.R.3d 1328 (1967); had reached the same conclusion as Ru......
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Brown v. State
...court may not give such an instruction over the defendant's objection. State v. Kimball, 176 N.W.2d 864 (Iowa, 1970); Villines v. State, 492 P.2d 343 (Okl.Cr.1971); Mosby v. State, 246 Ark. 963, 440 S.W.2d 230 (1969); State v. White, 285 A.2d 832 (Me.1972); Dooley v. State, 393 N.E.2d 154 (......