Gray v. State

1974 OK CR 186, 527 P.2d 338
CourtCourt of Criminal Appeals of Oklahoma
DecidedOctober 7, 1974
DocketF-74-458
StatusPublished
Cited by7 cases

This text of 1974 OK CR 186 (Gray 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
Gray v. State, 1974 OK CR 186, 527 P.2d 338 (Okla. Ct. App. 1974).

Opinions

OPINION

BUSSEY, Judge:

Appellant, Patricia Ann Gray, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Woodward County, Case No. CRF-73-56, for the offense of Obtaining Merchandise by Bogus Check in violation of 21 O.S. 1971, § 1541.2. Her punishment was fixed at a term of two (2) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, the State’s first witness, Vickie Charmasson, an employee of the Star Model Store, Woodward, Oklahoma, testified that the defendant purchased some children’s clothing on October 1, 1973, and that she took the defendant’s check in the amount of $70.88 in exchange for the merchandise. Witness Charmasson identified State’s Exhibit # 1 as the check she accepted from the defendant on October 1, 1973. The check, dated October 1, 1973, was drawn upon the Security State Bank of Mooreland, Oklahoma, and signed by Mrs. Joe W. Gray with the defendant’s phone number and address. According to witness Charmasson the defendant, Mrs. Gray, was accompanied by three children at the time she made the purchase.

Ted Kyle, the owner of the Star Model Shop, identified State’s Exhibit # 1 as the check received from Mrs. Gray and testified that the check was returned by the bank' when submitted for payment. Upon its return from the bank, Mr. Kyle telephoned the defendant who said that she would come after the check; however, Mr. Kyle than ran the check through the bank a second time and it was returned for insufficient funds. Mr. Kyle also testified [340]*340that he ran another check from the defendant for a lesser amount which was also returned for insufficient funds.

Beth Wells, Assistant Cashier at the Security State Bank of Mooreland, Oklahoma, identified State’s Exhibit # 1 and testified that the check was not paid by the bank due to the fact that there were insufficient funds in the account of Joe Gray. Witness Wells also testified that the bank did not have a signature card for Mrs. Gray, only for the husband, Joe Gray. However, witness Wells had processed the check, State’s Exhibit # 1, assuming that it was a joint banking account for the husband and wife.

Sudie Pearson testified that she was a sales clerk at Rice’s Boy’s Store in Woodward, Oklahoma, and the defendant bought clothing for her children on October 1, 1973, in exchange for a check signed by the defendant in the amount of $40.56 drawn on the Security State Bank of Mooreland, Oklahoma. According to witness Pearson, this check, State’s Exhibit # 2, was returned by the bank for insufficient funds. She further testified that on the date of the purchase the defendant was present with three children and that the merchandise purchased was children’s pants and shirts. Witness Pearson testified that there was an arrangement for repayment due to the return of the check.

Mrs. Charles Rice, owner and manager of Rice’s Boy’s Store, identified State’s' Exhibit # 2 as a check returned by the bank for insufficient funds. Mrs. Rice testified that after the check was turned she telephoned the defendant on Wednesday, approximately October 10th, and the defendant said she would be in to the store to make repayment. Mrs. Rice later went to defendant’s home seeking repayment for the check, but the defendant did not have the money.

Jane McMurphy, employed as a clerk at the Star Model Store, Woodward, Oklahoma, testified that on the 4th or 5th of October, 1973, she assisted defendant and accepted a check in the amount of $15.60 from the defendant for merchandise. This check identified as State’s Exhibit # 3, was drawn on the Security State Bank of Mooreland, Oklahoma, signed by Mrs. Joe Gray and bore the phone number and address of the defendant on the check. The check was returned by the bank for insufficient funds.

Danny Horner, Assistant Manager of the C. R. Anthony Store of Woodward, Oklahoma, testified that he had accepted a check from the defendant in the amount of $53.59 drawn on the Security State Bank of Mooreland, Oklahoma, on October 1, 1973. This was identified as State’s Exhibit # 4, and was returned by the bank for insufficient funds. The check bore the correct phone number and address of the defendant. Horner testified that although this check was returned by the bank, another check given by the defendant had cleared the bank.

Robert Aldridge, Manager of the C. R. Anthony Store in Woodward, Oklahoma, testified that State’s Exhibit # 4 had been submitted and returned by the bank for insufficient funds. He further identified State’s Exhibit # 5 as a certified letter he sent to Mrs. Gray concerning payment of the check. This letter was returned marked “unclaimed.” He testified that he received a letter from defendant’s attorney, Mr. Walton, recommending that Mrs. Gray had gone to work and would make restitution on the check. He replied, by letter, that any restitution would have to be made through the District Attorney’s Office.

The defendant testified that she and her ' husband had a joint bank account at the Bank of Woodward until approximately October 1, 1973, when her husband opened a new bank account at the Security State Bank of Mooreland, Oklahoma. According to the defendant, shortly before October 1, 1973, her husband’s two children from a previous marriage, arrived to live with the defendant and her husband. As these two children arrived without clothing, the defendant was directed, by her husband, to purchase new clothing for them and make [341]*341payment for such on the Security Bank account. Mrs. Gray testified that she did not know the amount of the deposits made to the checking account by her husband and that she did not keep, or know, the balance in the account. She testified that her husband was an iron worker and that it was sometimes necessary for him to move from one location to another in order to find employment. The defendant related that her husband was in the State of Maine from approximately October 6th to October 21st seeking employment. Mrs. Gray was under the impression that her husband was making deposits to their banking account during his absence from the State of Oklahoma. When her husband returned to Oklahoma, the defendant learned that he had not found employment, and they were experiencing financial difficulties. After this date, October 21st, upon learning of the financial difficulties, the defendant did not write any further checks on the Security State Bank account.

The defendant further testified concerning several checks on the bank which had been paid. In addition, she testified concerning several checks drawn on the bank which were returned for insufficient funds, but which were subsequently paid. She testified that the check in question, State’s Exhibit # 1, was offered by her in the belief that her husband’s checking account had sufficient funds to pay for the check. The other checks, State’s Exhibits # 2, 3, and 4, were also drawn in the belief that the checking account had sufficient funds to make payment. Upon learning that the checks had not cleared the bank, the defendant believed that she and her husband would make repayment for these checks. It was her husband’s inability to find employment, the sole means of support for the defendant, her husband, and four children, which made it impossible for her to make repayment for the checks in question. She further testified that she was presently employed at two part-time jobs and that she had discussed making repayment of the checks in question which she would do when she had sufficient funds to do so.

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Related

Ross v. State
1984 OK CR 85 (Court of Criminal Appeals of Oklahoma, 1984)
Jones v. State
1979 OK CR 45 (Court of Criminal Appeals of Oklahoma, 1979)
Woodruff v. State
1978 OK CR 85 (Court of Criminal Appeals of Oklahoma, 1978)
Galindo v. State
1978 OK CR 4 (Court of Criminal Appeals of Oklahoma, 1978)
Dunaway v. State
1977 OK CR 86 (Court of Criminal Appeals of Oklahoma, 1977)
Gray v. State
1974 OK CR 186 (Court of Criminal Appeals of Oklahoma, 1974)

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Bluebook (online)
1974 OK CR 186, 527 P.2d 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-oklacrimapp-1974.