Haury v. State

1975 OK CR 58, 533 P.2d 991
CourtCourt of Criminal Appeals of Oklahoma
DecidedMarch 25, 1975
DocketF-74-793
StatusPublished
Cited by18 cases

This text of 1975 OK CR 58 (Haury 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
Haury v. State, 1975 OK CR 58, 533 P.2d 991 (Okla. Ct. App. 1975).

Opinion

OPINION

PER CURIAM:

Appellant, Tennyson Andrew Haury, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Caddo County, Oklahoma, Case No. CRF-74-33, for the offense of Rape, First Degree, in violation of 21 O.S.1971, § 1111. The jury fixed his punishment at five (S) years’ imprisonment and from this judgment and sentence a timely appeal has been perfected to this Court.

The State’s first witness at trial was Dr. A. C. Roberson, who testified that on March 6, 1974, at approximately 10:15 p. m., he had occasion to examine and treat the prosecutrix, Beverly Vail Sand, in the emergency room at the Anadarko Muncipal Hospital, and further, that the patient was emotionally quite disturbed. He stated that he observed a bite mark bruise on the inner aspect of her thigh and that the entrance to the vagina had been abraded. He further testified that on that night he performed an aspect study of the vaginal contents of the prosecutrix and that the examination did not reveal any sperm present in the vagina. He stated that he observed the prosecutrix’ hymen had been recently torn, and that in his opinion the prosecutrix was a virgin prior to this probable forcible, traumatic intercourse. In reference to being asked whether or not the prosecutrix could be considered naive, he testified that the prosecutrix’ work was that of a missionary, that she was expectant of love from everyone, and that perhaps in this world this thinking is naive.

*993 Stan Stonum testified that he was the manager of the Redskin Theater located at 221 West Broadway in Anadarko, Oklahoma. He further stated that on March 6, 1974, at approximately 9:10 p. m., he was standing in the theater watching the last few minutes of the show when the prose-cutrix ran up behind him and asked him to help her. Upon noticing that she was naked, he took her to the storeroom and gave her a coat and a pair of old khaki pants to wear. He testified that he tried to settle her down and thereafter called the police. He further testified that the address, 227 West Central Boulevard, was approximately two blocks south of the theater.

The prosecutrix, Beverly Vail Sand, testified that she was presently living at 2370 North Broadway in Moore, Oklahoma, and that she was 24 years of age. She stated that prior to coming to Anadarko she had been going to college in Bloomington, Illinois, and that she came to Anadarko to teach the Baha’i’ faith, especially, because there were many Indians in the area. She further stated that upon her arrival in Am adarko she became employed as a waitress and that she resided at 227 West Central Boulevard. She testified that on March 6, 1974, she was painting portraits full time, that she came to know the defendant because he had been staying at the recovery center in Anadarko, and that he was one of the students who attended the art classes she had organized. She stated that prior to March 6, 1974, the defendant had come to her house asking to borrow some money at which time she gave him $20.00. She further stated that on March 6, 1974, the defendant again came to her house, told her that he needed to talk with someone, and she allowed him to enter because she wanted to give him some spiritual strength. She said that he appeared quite depressed, that she gave him a prayer book, and that thereafter she went to the library to get a book on Indian chiefs so that she could do some painting. She testified that shortly thereafter upon returning from the library the defendant was still in her house, that they began talking, the defendant asked her to attend an upcoming pow-wow with him and the defendant hugged her as his “little sister.” She testified that the defendant then began to ask her for money, and that as he became more insistent she began to fear him. She further testified that the defendant shut the front door and forced her into the bedroom. She said that she resisted with her feet, screamed for help once, and that after she screamed he grabbed her more tightly and told her she should not do that because both of their futures were involved. She said that once she was in the bedroom the defendant attacked her some three times gaining penetration each time; she stated that she attempted to keep her legs closed but that he forced them open. She also testified he bit her on the neck and also bit her on her leg, and further, that the whole incident was a painful experience. She lastly testified that after the final attack the defendant started walking toward the living room and she ran naked out of her house to the Redskin Theater, where one Stan Stonum gave her items of clothing to cover her naked body. Thereafter the police were called. She also stated that as she ran out of the apartment she heard the ■ defendant say loud enough for her to hear, “where’s my gun ?”

Arthur Rodgers testified that he was the Chief of Police in Anadarko, Oklahoma, and that he was so employed on March 6, 1974. He further testified that he was informed of the alleged rape, that he had the scene secured and ordered an immediate examination of the reported victim. He then identified certain articles of clothing which were found at the scene of the alleged rape. One of these items was a receipt found in a shirt on the floor by the bed at 227 Central Boulevard, the scene of the alleged rape. This receipt had been given the defendant upon release from jail on that same day. He further testified that he contacted Carol Keahbone who took photographs of the scene and of the prosecutrix.

Carol Keahbone testified that she was presently News Editor for the Caddo *994 County Warrier and had been a news photographer for approximately six years for the Anadarko Daily News. She testified that on March 7, 1974, she had occasion to take certain photographs for the Anadarko Police Department. These photographs showed the bruises on the prosecutrix’ neck and her upper thigh.

The defendant then took the stand to testify in his own behalf. He stated that he was 42 years of age, and at the time of the alleged incident he was receiving his mail at 900 West Kentucky. He stated that prior to the alleged incident he had met the prosecutrix while he was a resident at the Anadarko Recovery Center, which is a recovery center for people with alcoholic problems. He stated that at this time he worked part time driving the recovery center’s van and that when the prosecu-trix set up the art classes at Hog Creek, just west of Anadarko, he drove the van that carried the students and the prosecutrix to said classes. He further testified that while at the recovery center he had several occasions to meet the prosecutrix and that they would walk in the park and talk about art. He stated that on February 28, 1974, he had an occasion to be in the Post Office and met the prosecutrix, at which time she offered to buy his lunch and he accepted. They then walked to the prosecutrix’ house where he left some clothing which he was going to take to the laundry. He also testified that his birthday was the week end prior to March 6, 1974, and that he celebrated the week end by getting intoxicated and ultimately incarcerated in the Anadar-ko City Jail. He testified that he was released from jail approximately noon Wednesday on March 6, 1974, and that he consumed a small quantity of alcohol, but that he was not intoxicated.

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Bluebook (online)
1975 OK CR 58, 533 P.2d 991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haury-v-state-oklacrimapp-1975.