French v. State

1972 OK CR 243, 501 P.2d 853
CourtCourt of Criminal Appeals of Oklahoma
DecidedSeptember 27, 1972
DocketNo. A-16878
StatusPublished
Cited by3 cases

This text of 1972 OK CR 243 (French v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
French v. State, 1972 OK CR 243, 501 P.2d 853 (Okla. Ct. App. 1972).

Opinion

BUSSEY, Presiding Judge.

Appellant, Pauline French, hereinafter referred to as defendant, was charged in the District Court of Muskogee County, Oklahoma, with the offense of Murder and was convicted of the lesser included offense of Manslaughter in the First Degree; her punishment was fixed at fifteen (15) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial L. D. Hamlin testified that in November 1970, he was employed as the City Marshall of Porum, Oklahoma, and was a close personal friend of both the defendant and her husband, Tommy French. At approximately 11:00 a. m. on November 13, 1970, the defendant came to the courtroom of the City Hall and asked for the “sheriff.” Defendant pulled out a gun and demanded that he give her his weapon. At her direction, he placed his gun in her purse. She asked him where Tommy was and stated that she was Belle Starr and that she was going to kill Tommy French. She made him unlock the prisoners and backed out of the door. He next saw her sometime later as he and two officers were going to the defendant’s and Tommy French’s house. The defendant was driving a two-ton Ford stock pickup with his [Hamlin’s] wife riding as a passenger. They proceeded to the house and upon entering observed Tommy French lying in the living room with his face to the floor. They proceeded to a school house and Hamlin called his house and talked to his wife. They returned to Porum and he observed his wife standing in front of a bar. He placed his wife in the vehicle and took her to Bill Spradlin’s house. He returned to Main Street and observed the defendant with a gun in each hand talking to Gib Warren. She walked across the street and entered a cafe and remained approximately five minutes. He heard a gunshot. Shortly thereafter, Bill Reynolds brought her out of the cafe and handed him the two guns. He testified that the total elapsed time from the time he first saw the defendant until she was arrested was approximately two or two and one-half hours.

Geneva Hamlin, the marshall’s wife, testified that on the morning in question, the defendant came to her house some time between 10:30 and 11:30. She had been drinking and told Geneva that she had L. D.’s gun. After having two drinks, defendant stated that she wanted to go home because she was looking for Tommy and was going to kill him. She testified that [855]*855she did not inquire why and because the defendant had been drinking, she “just went along with her.” They proceeded to the defendant’s house and the defendant called her sister. She attempted to call her sister again, got mad, jerked the phone off the wall and threw it outside. Defendant continued to state that she was going to kill Tommy and “just ride on.” (Tr. 61) Defendant started to take a shower when Tommy arrived. He knocked on the front door and Geneva answered it telling him to leave. Tommy stated that it was his house and that he was coming in. The defendant came into the room with a gun in both hands. Geneva attempted to have the defendant sit down and talk everything over. Defendant stated, “You better sit down and shut up or I will kill you, and Tommy said, ‘Well, you better sit down or she will.’ ” (Tr. 65) Tommy started emptying ash trays and pushed Geneva into a chair. She further testified that he turned around to pick up a cigarette or something on the floor and as he started back up, the defendant shot him. She testified that immediately before the shot was fired, Tommy had not said anything to the defendant, nor had he made any aggressive moves toward her. Defendant ran into the bathroom and Geneva grabbed her and said, “Let’s go.” They got into Tommy’s big truck and proceeded to Geneva’s house where the defendant, who was only partially clothed, put on a pair of jeans. They proceeded back to Porum; Geneva said Pauline “was scared and I told her that I would cash a check for her so that she could get out of town.” She walked straight through the store and tried to find her husband, L. D. Her husband put her in a car and took her to Bill Spradlin’s house. She further testified that the defendant still had the two guns with her when she got out of the truck.

On cross-examination, she testified that earlier that morning she received a telephone call from the defendant who stated that she was in Tulsa. Defendant stated that she was scared to go home and wanted to go to Tacoma, Washington. Geneva told the defendant that she could stay at her house and the defendant advised her that she was coming that day. Shortly thereafter, Tommy French called Geneva and she informed him that the defendant was coming to her house. Tommy asked her to try to keep the defendant from going downtown and embarrassing him and L. D. She agreed to attempt to keep the defendant at her house.

Bill Reynolds testified that on November 13, 1970, he first saw the defendant in front of a bar talking to Gib Warren. The defendant crossed the street and entered a cafe carrying a gun in each hand. He followed her into the cafe and observed her having a conversation with a person sitting down. The defendant crossed both hands behind her and he j erked the guns from her grasp. One of the guns discharged as it was jerked from her hand. He walked her out to the sidewalk and turned her over to Bill Spradlin.

Deputy Spradlin testified that he lived in Porum all his life and knew both the defendant and Tommy French. He testified that on the day in question, he had first observed the defendant in a truck coming toward town. He, Doc Hamlin and Ray Jordan proceeded on to the defendant’s home. Upon opening the door, he observed Tommy French lying on the floor in a pool of blood. They returned to town and observed the truck defendant had been driving sitting behind Ward’s store. They drove around the block, picked up Mrs. Hamlin and took her to Spradlin’s house. They then proceeded to downtown Porum and observed the defendant standing in front of a bar. He had a conversation with Bill Reynolds and shortly thereafter, Reynolds brought her out of the cafe.

Johnny Thornton, an investigator for the District Attorney’s office, testified that he arrived in Porum between 1:00 and 2:00 on the afternoon in question. After observing the defedant being taken into custody, he proceeded to the defendant’s residence. He observed Tommy French lying on the floor in the front room with a bullet hole in his left eye. He searched his person and the immediate room for weap[856]*856ons and found none. He testified that there was an exit wound on the back of French’s head and a bullet hole in the wall of the room.

Kenneth Casey testified that he was employed as an ambulance driver. On the afternoon in question, he arrived at the French residence at approximately 2:00. He picked up a body lying on the floor and transported it to the hospital.

Dr. Gafford, a pathologist, testified that he examined the body of Tommy French at the General Hospital on the afternoon in question and subsequently performed an autopsy the following morning. The victim died of a gunshot wound that entered his head just at the left of the inner aspect of the left eye, and exited in the middle of the back of the head. In his opinion, the bullet was fired on a direct line by a weapon of fairly high muzzle velocity.

For the defense, Jess Spradlin testified that he had lived in Porum for approximately 50 years and was the father of Deputy Bill Spradlin. On the morning of November 13, Tommy French asked if he would take him to Tahlequah. He (French) stated that defendant’s father had called him the night before and said that the defendant was sick.

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Related

Wilson v. State
1975 OK CR 91 (Court of Criminal Appeals of Oklahoma, 1975)
Brown v. State
1973 OK CR 109 (Court of Criminal Appeals of Oklahoma, 1973)

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Bluebook (online)
1972 OK CR 243, 501 P.2d 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/french-v-state-oklacrimapp-1972.