Kimbro v. State

Court of Criminal Appeals of Oklahoma

Kimbro v. State

1971 OK CR 447, 491 P.2d 307

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 26, 1971

DocketA-16806

StatusPublished

Cited by7 cases

This text of 1971 OK CR 447 (Kimbro 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

Kimbro v. State, 1971 OK CR 447, 491 P.2d 307 (Okla. Ct. App. 1971).

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Opinion

BUSSEY, Presiding Judge:

Frank Thomas Kimbro, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Pittsburg County, Oklahoma, for the offense of Escape. His punishment was fixed at two (2) years imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the non-jury trial, the parties stipulated that the court could consider the testimony given by witnesses at the defendant’s Preliminary Hearing. The witnesses testified that on the 18th day of January, 1971, the defendant was transferred on medical leave to the University *308 Hospital in Oklahoma City, for treatment and surgery, from the penitentiary at Mc-Alester, wherein he was serving a conviction for Burglary in the Second Degree, After Former Conviction of a Felony. Thereafter, on or about the 25th day of January, 1971, the defendant walked off from the hospital in Oklahoma City without permission, and was later arrested and charged on the 27th day of January, 1971, with the crime of Escape; the defendant did not have permission to leave the hospital.

The defendant testified that he was under medication at the University Hospital on the day in question, and that he talked to his small daughter on the telephone, who informed him that her aunt had walked off. He did not remember leaving the hospital.

The sole proposition asserts that the trial court erred in denying the defendant’s motion for change of venue to Oklahoma County, wherein the alleged offense was committed. The defendant first raised the question of venue at the Preliminary Hearing, and thereafter at every stage of the proceedings. In Dalton v. State, Okl.Cr., 388 P.2d 875, we stated in the first syllabus :

“An inmate of the state reformatory at Granite, in Greer County, Oklahoma, who escapes while he is a trusty, is properly charged with escape in the district court of Greer County, since he was still constructively an inmate of the reformatory in such county even though he was temporarily out of the reformatory as a - trusty working in such county or in any other county when he made his escape. Title 21, O.S.A. § 443.”

We, therefore, find this proposition without merit.

In conclusion, we observe that the Record is free of any error which would justify modification or require reversal. The judgment and sentence is accordingly, affirmed.

BRETT and NIX, JJ., concur.

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BUSSEY, Presiding Judge:

Frank Thomas Kimbro, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Pittsburg County, Oklahoma, for the offense of Escape. His punishment was fixed at two (2) years imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the non-jury trial, the parties stipulated that the court could consider the testimony given by witnesses at the defendant’s Preliminary Hearing. The witnesses testified that on the 18th day of January, 1971, the defendant was transferred on medical leave to the University *308 Hospital in Oklahoma City, for treatment and surgery, from the penitentiary at Mc-Alester, wherein he was serving a conviction for Burglary in the Second Degree, After Former Conviction of a Felony. Thereafter, on or about the 25th day of January, 1971, the defendant walked off from the hospital in Oklahoma City without permission, and was later arrested and charged on the 27th day of January, 1971, with the crime of Escape; the defendant did not have permission to leave the hospital.

The defendant testified that he was under medication at the University Hospital on the day in question, and that he talked to his small daughter on the telephone, who informed him that her aunt had walked off. He did not remember leaving the hospital.

The sole proposition asserts that the trial court erred in denying the defendant’s motion for change of venue to Oklahoma County, wherein the alleged offense was committed. The defendant first raised the question of venue at the Preliminary Hearing, and thereafter at every stage of the proceedings. In Dalton v. State, Okl.Cr., 388 P.2d 875, we stated in the first syllabus :

“An inmate of the state reformatory at Granite, in Greer County, Oklahoma, who escapes while he is a trusty, is properly charged with escape in the district court of Greer County, since he was still constructively an inmate of the reformatory in such county even though he was temporarily out of the reformatory as a - trusty working in such county or in any other county when he made his escape. Title 21, O.S.A. § 443.”

We, therefore, find this proposition without merit.

In conclusion, we observe that the Record is free of any error which would justify modification or require reversal. The judgment and sentence is accordingly, affirmed.

BRETT and NIX, JJ., concur.

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1971 OK CR 447, 491 P.2d 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimbro-v-state-oklacrimapp-1971.

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