Watkins v. State, A--17797

• Decision Date: 03 April 1973
• Docket Number: No. A--17797,A--17797
• Citation: 509 P.2d 139
• Parties: John Earl WATKINS, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 139

509 P.2d 139

John Earl WATKINS, Appellant, v. The STATE of Oklahoma, Appellee.

No. A--17797.

Court of Criminal Appeals of Oklahoma.

April 3, 1973.

Charles Dunn, Tulsa, for appellant.

Larry Derryberry, Atty. Gen., for appellee.

OPINION

BUSSEY, Judge:

Appellant, John Earl Watkins, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Tulsa County, Case No. CRF--71--2039, for the offense of Robbery By Force or Fear. His punishment was fixed by the jury at a term of five (5) years imprisonment which was subsequently modified by the trial court to a term of eighteen (18) months imprisonment with the balance of three and one-half (3 1/2) years to be suspended. From said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Jerry Wayne Anderson testified that on the evening of November 5 1971, he and his wife went to the Top Hat Lounge. He spoke to the defendant, whom he had known for several years. He testified that he had previously shot pool with the defendant and discussed a fishing trip. They stayed at the lounge until it closed and then proceeded to the Eldorado Club. They stayed at the Eldorado Club until 3:00 a.m. and returned home. At approximately 4:30 a.m., the defendant and his wife, Kathy, knocked on the door. He testified that the defendant was 'pretty drunk'. The defendant asked him to wake his wife up and he told him that she was asleep. He told them that he had to go to work at 5:00 a.m. and they left. He left home at approximately 4:45 a.m. and received a telephone call at 5:30 a.m. He returned home and observed his wife's lip was cut, the television and various items of clothing were missing. On December 11, 1971, the defendant telephoned him and said, 'Do you think you might want to make a cash sale on this?'. (Tr. 27) He testified that as he was leaving for work he thought he saw the defendant's car down the street.

Eva Anderson testified that she was married to Jerry Anderson and had known the defendant casually for several years. On one occasion, she and her husband planned to go on a fishing trip with the defendant and his wife which did not materialize. She testified that she had previously been employed as a go-go dancer at the Top Hat Lounge. On the evening in question, she spoke to the defendant and Kathy at the lounge. Upon leaving the Top Hat Lounge, they went to the Eldorado Club, leaving there at approximately 3:00. They returned home, played a game of Rummy and she dozed off on the bed. Her husband went to work at approximately 4:45 a.m. and at about 5:00 she heard a knock on the door. She opened the door and observed the defendant and Kathy standing in the doorway. Kathy stated, 'I don't feel like going home, and I want to come in and talk some more.' (Tr. 64) They came into the house, sat down in the living room and talked for a few minutes. The defendant went outside to get Kathy's cigarettes and upon returning said, 'Kathy, the car's running, are you ready to go?'. (Tr. 67) The defendant then said, 'Alright, Shiela, get over there in that chair.' (Tr. 67) The defendant repeated the order and when she complied said, 'Alright, now, strip.' (Tr. 68) The defendant started to pick up the television and she got up from the chair. Kathy grabbed her around the body and held her. She managed to get away from Kathy and ran toward the kitchen. Kathy followed her, grabbed her around the neck and put her hand over her nose and mouth. She bit Kathy's finger and the defendant grabbed her around the neck. They pushed her onto the bed and Kathy continued holding her hand over her nose and mouth. The defendant took almost all of her and her husband's clothing including her go-go costumes. Kathy said, 'Please quit fighting me. Please. He's got a gun, and he'll use it.' (Tr. 73) The defendant made five or six trips to the car while she was still being held by Kathy. She testified that she received scratches on her face and her lip was busted. The defendant finally told Kathy to come on and they drove away in their car. She ran next door and had the neighbor call the police.

Officer Larry Raulston testified that he answered a call to the Anderson residence at...