Glover v. State

1975 OK CR 18, 531 P.2d 689, 1975 Okla. Crim. App. LEXIS 278
CourtCourt of Criminal Appeals of Oklahoma
DecidedJanuary 10, 1975
DocketF-74-254
StatusPublished
Cited by21 cases

This text of 1975 OK CR 18 (Glover 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
Glover v. State, 1975 OK CR 18, 531 P.2d 689, 1975 Okla. Crim. App. LEXIS 278 (Okla. Ct. App. 1975).

Opinions

OPINION

BUSSEY, Judge:

Appellant, Alex Glover, Jr., hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF-73-1505, for the offense of Robbery with Firearms, After Former Conviction of a Felony; his punishment was fixed at a term of thirty-eight (38) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial Joseph Vandiver, a Tulsa policeman, testified that he responded to the report of an armed robbery at the Safeway Store on N. Peoria at 9:50 a.m. on August 13, 1973. At the scene he spoke with the store manager, Jerry Hunt, who gave him the description of three black males involved in the robbery, the description of a getaway car, and the car license tag number. Officer Vandiver also talked with two other eyewitnesses, Mrs. Carlene Minugh and Mr. Doug Bruffett, who gave similar descriptions of the assailants.

Doug Bruffett, a serviceman with National Cash Register Company, testified that he was repairing a checking machine in the cash checking booth when Manager Hunt told him to look at the three black [690]*690men who had just entered the store. He said they noticed the men because it had been raining that morning, yet all the men had on sunglasses. Bruffett said he went back to his work and that moments later, just as the manager was getting ready to open the door of the booth to leave, it was forced open and a black man, approximately 5' 8", stepped into the booth. He fired a shot from a small revolver held in his right hand and ordered Mrs. Minugh and the witness to sit on the floor. The witness said the robber had on denim pants, a jacket and a floppy hat, although he could not remember the color. He further said that he could not make a positive identification of the man because the robber had forced him to lie face-down during the robbery.

Store employee, Mrs. Carlene Minugh, testified that the robbery took place at 9 :45 a.m. on August 13, 1973, while she was in the cash checking booth. The witness said that three black males entered the store through the south door and that two of them approached the booth. She said that one of the men forced his way into the booth, said “You’ve had it” and fired a weapon. The witness then identified the defendant as the man who had proceeded to rob the safe and the cash drawer.

On cross-examination, Mrs. Minugh admitted that at the police lineup, conducted on August 14th, the day after the robbery, she was unable to make a positive identification of the defendant, although she had said that the second man in the lineup, Alex Glover, Jr., looked like the man who had forced his way into the booth. She also admitted that her in-court identification was not absolutely positive, but that the defendant generally fit the description of the robber.

Next to testify was the store manager, Jerry Hunt, whose testimony was admitted after an evidentiary hearing was held to determine the validity of his identification of the defendant as the robber. At trial, Mr. Hunt identified State’s Exhibit # 1 as resembling the gun used in the robbery. In recounting the incident, the witness said that the defendant burst into the check cashing booth, cursed him, hit him in the side, and held the small black revolver with a white handle on him while he took the money from the booth. After the robbery he said the men fled out the east door of the store, which he later corrected to be the south door, and entered a 1961 gold Chevrolet, with the defendant and one of the men getting in the front seat and the other man in the back. Mr. Hunt said he followed them into the parking lot to get the license number and that someone fired shots at him from the front seat of the vehicle.

Tulsa Police Officer Gary Mullins identified the defendant as the man he arrested on August 15, 1973, and State’s Exhibit #1 and #2, as the gun and bullets that were recovered from the car when the defendant was arrested. On cross-examination, Officer Mullins explained that another officer recovered the gun from the locked glove compartment in the car and that he himself could not say positively to whom the gun belonged. He further testified that the pistol was given to him by back-up Patrolman Ray Randolph who stated, in the defendant’s presence, that the female passenger in the car at the time of the arrest had given him permission to search the glove compartment and that at this time the defendant made no comment on the conversation. Officer Mullins also testified that at the time he arrested the defendant it was not in connection with the Safeway robbery. Following his testimony, State’s Exhibits #1 and #2 were admitted into evidence.

For the defense, Dr. Kerry Booth, director of the drug rehabilitation program at the Tulsa Psychiatric Center, testified that on August 13, 1973, he interviewed the defendant at 11:30 a.m. at a scheduled appointment. During Dr. Booth’s testimony, defense Exhibits #3, #4 and #5, copies of pages from appointment books at the doctor’s office, were admitted. Dr. Booth also testified that he had seen the defendant one other time, on August 10th, when they made the appointment for August 13.

[691]*691Mrs. Lucy Self, the owner-operator of the T-Town Motel, testified that Alex Glover, Jr. and his wife Linda, were registered and staying at her motel during the period from August 8th to August 13th. During her testimony, defense Exhibits #6 through #11 were introduced. The exhibits were registration cards signed by the defendant or his wife for the period in August when they stayed at the motel and for several days in July when they had also been there. Mrs. Self testified that she did not see what time the Glovers left the motel on August 13th, but their usual practice was to leave at 11:00 a.m. and to lock the key in the room — not to bring it by the motel office.

The defendant’s aunt, Mrs. Esther Teal, testified that she talked to the defendant on the phone at 9:30 a.m. on August 13th, when she called him at his room in the T-Town Motel. She testified that she was positive about the date and the time because she had called her nephew to remind him of the doctor’s appointment and to invite him to her child’s birthday party that afternoon. She said that during the course of the conversation, the defendant, who had been asleep when she called, asked her what time it was, that she looked at the clock and told him it was 9:30 a.m. On cross-examination, Mrs. Teal admitted that she could positively say where the defendant was at 9:30, but she could not say where he was at 9:45 a. m.

Mrs. Linda Glover testified that she and her husband were living at the T-Town Motel and identified the registration cards, Exhibits #6 through #11, as being those signed by her and her husband. Mrs. Glover said that on August 13th, she left the motel at 6 :45 a.m. to go to her mother’s house to get her daughter. She testified that she took her orange 1973 Firebird on the errand thus leaving her husband without transportation. The witness said she left her mother’s house at approximately 9:15 a.m. and arrived at Mrs. Teal’s house at 9:20, where she was to leave her daughter while she and her husband went to his doctor’s appointment. She testified that she arrived back at the motel at 9 :50 just as her husband was getting out of bed. She said she waited for him while he showered and dressed and that they then left the motel to go to the appointment.

Mrs.

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Cite This Page — Counsel Stack

Bluebook (online)
1975 OK CR 18, 531 P.2d 689, 1975 Okla. Crim. App. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-state-oklacrimapp-1975.