Williams v. State, M-79-484

• Decision Date: 21 September 1981
• Docket Number: No. M-79-484,M-79-484
• Citation: 634 P.2d 1311
• Parties: John WILLIAMS, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1311

634 P.2d 1311

John WILLIAMS, Appellant, v. The STATE of Oklahoma, Appellee.

No. M-79-484.

Court of Criminal Appeals of Oklahoma.

Sept. 21, 1981.

An appeal from the District Court, Atoka County; Laverne Fishel, Judge.

John Williams, appellant, was charged and convicted for the offense of Assault with a Dangerous Weapon, in Atoka County District Court, Case No. CRF-78-83, was sentenced to six (6) months' in the county jail, and he appeals. Judgment and sentence reversed and remanded for new trial.

Mary E. Bane, Oyler, Smith & Bane, Oklahoma City, for appellant.

Jan Eric Cartwright, Atty. Gen., Susan Talbot, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

BUSSEY, Judge:

Appellant, John Williams, hereinafter referred to as the defendant, was tried in the District Court of Atoka County, Case Nos. CRF-78-82 and CRF-78-83, for Assault with a Dangerous Weapon and Kidnapping. A mistrial was declared for the offense of Kidnapping when the jury could not reach a verdict and that charge has been dismissed. A sentence of six (6) months' in the county jail was assessed and imposed for the crime of Assault With a Dangerous Weapon and it is from this judgment and sentence that the defendant has appealed.

The circumstances preceding the defendant's arrest are quite lengthy and no purpose would be served by specifically detailing the bizarre chain of events connected therewith. Since this cause must be reversed, we need only state that the defendant, a victim of a burglary and apparently lacking confidence in the ability of local law enforcement to solve the crime and discover the whereabouts of his property, took matters into his own hands, believing that Jerry Atkinson and Rickey Moore had been involved in the burglary of his residence. The defendant met with Atkinson and Moore and explained that he wanted his property returned. To assure results, the defendant locked Atkinson in a large, tubular metal cage, which was used for housing several bobcats, while Rickey Moore was directed to retrieve and return to the defendant, the stolen items taken in the burglary of his residence. Atkinson was to be released when Moore returned with the defendant's property. Atkinson testified that he heard several shots fired, which appeared to be metal hitting metal, below the cage in which he was confined. He further testified that he saw the defendant holding a gun and feared that he was being shot at. Moore, who was present during the shooting incident, testified that the defendant fired toward the cage in which Atkinson was confined. Although an abundance of testimony was presented during the trial regarding the circumstances of the two crimes for which the defendant was tried, we need only state, for purposes of this opinion, that on October 3, some two and one half (21/2) days after Atkinson was initially confined in the cage, the defendant released him at the direction of local police, and was then placed under arrest.

In one of several assigned errors the defendant argues that, over his repeated and timely objections, the prosecutor was permitted to ask questions of various witnesses,...