Kitchens v. State

1973 OK CR 356, 513 P.2d 1300
Court of Criminal Appeals of Oklahoma·Decided August 17, 1973·No. A-17964·Published·Cited by 105 cases

Opinion

OPINION

BLISS, Presiding Judge:

In the District Court of LeFlore County, Case No. CRF-71-123, appellant, John G. Kitchens, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Forgery in the First Degree. His punishment was fixed at seven (7) years imprisonment. From that judgment and sentence, a timely appeal has been perfected to this Court.

At the trial Tom Ferguson, LeFlore County Treasurer, testified that the Le-Flore County Treasurer’s Office serves as treasurer for the Fanshawe School District located at Poteau, Oklahoma. After completely describing the office procedure in handling claims presented and warrants issued for disbursements of funds maintained for Fanshawe, Ferguson testified that on August 13, 1971, State’s Exhibit 1, a $1,000 registered claim upon the Building Fund of School District 39, Fanshawe School District, was presented to his office, accompanied by the issuance of a warrant, State’s Exhibit 2, authorizing payment of the above claim. Without objection of counsel, Ferguson further identified State’s Exhibits 3 through 6 as claims and warrants drawn upon the above mentioned Building Fund Account in the same manner as State’s Exhibits 1 and 2.

Lou Ella Hoffman, Deputy Treasurer for LeFlore County, identified State’s Exhibits 1 and 2 as a claim and warrant respectively personally presented by defendant and drawn upon the Fanshawe School District Building Fund Account payable to Central Supply Company for two Bell and Howell Motion Picture Projectors with accessories. Without objection of counsel, she identified State’s Exhibits 3 and 4 as a claim and warrant presented by defendant the same day as State’s Exhibits 1 and 2. Also without objection of counsel, she identified State’s Exhibits 5 and 6 as a claim and warrant presented subsequent to that date. Prior to registering these warrants, because of apparent irregularities in the signatures of the clerk and president of the school board, she contacted Mr. J. T. Rana and Mr. Tom Chaplin, who viewed the warrants and noted some of the irregularities.

Claude Branscham, Principal of the Fan-shawe School District, identified State’s Exhibit 9 as the standard warrant used in withdrawal of funds to defray expenses of the Board. Branscham testified State’s Exhibit 9 was the form regularly used in the purchases of the nature represented in State’s Exhibits 1 and 2 rather than the form represented by State’s Exhibits 1 and 2. He further described in detail the difference in physical characteristics of the two forms.

Sy Taylor, Manager of the Central Book and Supply Company, Ada, Oklahoma, tes *1302 tified State’s Exhibits 1 and 2 indicated a warrant for the purchase of a Bell and Howell Projector. Further, he stated in his business he did not sell Bell and Howell Projectors and consequently, would be unable to make such a sale to the Fan-shawe School District. Taylor testified that on the reverse side of these exhibits there appeared an endorsement, “Sy Taylor, For Deposit Only, # 1601076.” Taylor testified that the endorsement was not his endorsement; that he never received a thousand dollars; and that he did not consent to have someone other than himself endorse the instrument.

Mike Snapp, President of the Poteau State Bank, identified State’s Exhibit 10 as a deposit slip indicating a deposit to defendant’s special account # 1601076. Listed on the deposit slip were two checks, one for $1481.70 and the other for $1,000.00. Without objection of counsel, Snapp also testified to dispersals from the account which indicated expenditures for personal items of defendant.

Marilyn Jordan, a teller at the Poteau State Bank, identified the handwriting endorsement on State’s Exhibit 2 and testified it appeared the same as defendant’s hand.

Tom Chaplin, Clerk of the Fanshawe School Board, identified State’s Exhibit 9 as the blank form used by the Board to pay Board obligations. Chaplin identified State’s Exhibit 2. Further, he stated the signature on the warrant purportedly his signature as Clerk was not entered by him personally nor was anyone authorized to enter his signature in his stead. Further he stated, State's Exhibit 1, the claim, was never presented to the Fanshawe School Board. Without objection of counsel, Chaplin finally identified State’s Exhibits 1 through 4 as claims not authorized by the Fanshawe School Board and warrants upon which the signature purportedly his were not personal signatures of his own.

J. T. Rana, President of the Fanshawe School Board, testified the signatures purportedly his upon State’s Exhibits 2, 4 and 6, as President of the School Board, were not his signatures nor did he allow anyone permission in his stead to place his signature on those instruments. Further, he identified State’s Exhibit 9 as the usual form he signed rather than State’s Exhibit 2.

Jim Nix testified he conducted an audit of the Fanshawe School District. The audit revealed the transaction evident by State’s Exhibits 1 through 6 were never authorized. Further, without objection of counsel, he testified a check for $15.80 to Sullivan Drugs; a check for $54.00 to Union Mutual Insurance Company; and a check for $10.00 to Hay and West; and a check for $10.00 to Tibbets and Moore were not authorized disbursements. Finally, without objection of defense counsel, he testified to other irregularities revealed in the audit.

Malinda Babb identified State’s Exhibits 13 through 16 as samples of defendant’s handwriting.

Verna Doyle, a part-time employee in defendant’s office, identified State’s Exhibits 13 through 16 as samples which appeared to be in the same handwriting as defendant’s.

Al Brazeal testified he did not endorse State’s Exhibits 3 and 4, nor did he authorize anyone to do so in his stead.

Jess Hurlocker, LeFlore County Deputy Sheriff, testified he obtained a London letter from defendant on February 17, 1972, marked and identified as State’s Exhibit 17.

Bob Travis, Questioned Documents Examiner for the Oklahoma State Bureau of Investigation, testified that in his own opinion State’s Exhibits 1 through 6 were written by the same person who wrote the London letter sample, State’s Exhibit 17.

Don Kite, Special Agent for the Federal Bureau of Investigation, testified he arrested defendant on an unlawful flight to avoid prosecution charge in Durant, Oklahoma. At the time of arrest, the defend *1303 ant stated he was in transit returning to Poteau, Oklahoma.

Thereafter, the State rested.

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Kitchens v. State, 1973 OK CR 356, 513 P.2d 1300 (Okla. Ct. App. 1973).

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