Woods v. State, F--76--732
| Decision Date | 10 May 1977 |
| Docket Number | No. F--76--732,F--76--732 |
| Citation | 564 P.2d 249 |
| Parties | John Earl WOODS, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Appellant, John Earl Woods, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF--75--3955 for the offense of Assault and Battery With a Dangerous Weapon. His punishment was fixed at five (5) years' imprisonment. From said judgment and sentence a timely appeal has been perfected to this Court.
At the trial, Rhonda Hall, testified that on October 13, 1975, she was returning home with her husband on the 39th Street Expressway. A silver Monte Carlo pulled in front of them and came to a sudden stop. Her husband put on the brakes to avoid hitting the vehicle. The vehicle continued down the Expressway stopping in the same fashion twice more before reaching the Portland intersection. Both cars stopped at the red light at Portland. The driver of the Monte Carlo, whom she identified in Court as the defendant, got of his car and started around the back of their car. Her husband started getting out of the car and was grabbed by the defendant and thrown to the ground. She got out of the car and went around toward the back. She observed the defendant kicking her husband in the face with his cowboy boots. She ran over to where her husband was lying on the ground. The defendant stated 'I will do the same fucking thing to you too.' (Tr. 13). She yelled for help and three boys came over to assist her. Her husband was bleeding from the ears, nose and mouth. The defendant left and got in his car. He got out of the car again and threatened the boys. He called them 'long-haired son-of-a-bitches' and said 'that he would do the same thing to them.' She went across the street to call the police and when she returned, defendant had left the scene. She gave the tag number to the police. Her husband was taken to Baptist Hospital where he remained for eight days.
Jerry Scott testified that he and two friends were driving on 39th Street on October 13th, 1975. He observed defendant kick Jerry Hall as he was lying on the ground. He testified that the defendant was wearing cowboy boots. He and his friends got out of their car and attempted to help Hall. Hall was coughing up blood and having a hard time breathing. The defendant threatened them and Hall's wife. The defendant left and then returned again cursing and threatening Hall's wife.
Carol Leight Smith testified that she observed defendant's vehicle cut in front of the Hall vehicle and make a sudden stop. She observed defendant get out of his car, pull Jerry Hall from his car and throw him to the ground. She observed defendant hitting and kicking Hall. She testified that the defendant kicked him twice while he was lying motionless on the ground.
Michael Kalmanoff testified that he was in the same car with Carol Smith. He observed defendant pick up Jerry Hall and throw him to the ground. The defendant hit Hall in the face and then kicked him while he was lying down.
Jerry Hall's testimony as to what transpired prior to stopping at the stop sign did not differ substantially from the testimony of his wife. He testified that as he was stepping out of his car he inquired of the defendant 'what is the problem,' defendant grabbed him and threw him to the ground. He rolled over on his side and was kicked in the face. He then lost consciousness.
Dr. Jerry Renfro testified that he examined Jerry Hall on October 14th. He testified that Hall had a fractured jaw, a fractured mandible and a linear skull fracture.
For the defense, defendant testified that on the evening of October 13, 1975, he, his brother and their wives were returning home on the 39th Street Expressway after eating dinner. He noticed a car coming up behind him at a rather fast rate of speed. He tapped his brakes. The car continued to tailgate him and he tapped his brakes again. The car pulled up beside him at the Portland signal light. Someone in the car said a curse word. He yelled back at the persons in Hall's car. Hall's wife started cursing him. He told Hall 'that I would yank his mustache off,' and Hall replied 'you've got it to do or something to that effect.' They both got out of their cars and met at the back of Hall's left rear fender. Hall swang at him and grabbed Hall by the head. They fell to the ground. He hit Hall once as they were going down and again while they were lying on the ground. His brother Jerry patted him on the shoulder and he stood up. Three hippies ran over to him and he told them to stay away from him. He got to his car and went home. He specifically denied wearing cowboy boots or kicking Hall.
Jerry Don Woods testified that he was following his brother, the defendant, on the evening in question. He observed defendant and Hall get out of their respective vehicles at the stop light at Portland and 39th. Hall swang at the defendant and missed. The defendant grabbed him and they fell against a white station wagon and then to the ground. The defendant struck Mr. Hall twice. He did not see the defendant kick Hall. He put his hand on the defendant's shoulder and said 'John, I think he's had enough.'
Judy Woods, Jerry Don Woods' wife, and Lynette Woods, defendant's wife's testimony did not differ substantially from the testimony of the defendant.
The defendant asserts as the first assignment of error, that the trial court erred in overruling his motion for mistrial for misconduct of the prosecuting attorney during cross-examination of the defendant. The alleged misconduct appears in the record as follows:
'
'
(Tr. 162--163).
We need only observe that the record does not reflect that the defendant objected to this line of questioning but rather waited until the end of the State's case in chief to voice his...
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Revilla v. State
...the prosecutor to develop this line of inquiry quite substantially before lodging an objection. Woods v. State , 1977 OK CR 171, ¶ 12, 564 P.2d 249, 251. He also failed to object when counsel for Appellant's co-defendant asked the same witness about the couple's drug habit. When questionabl......