Locke v. State

1976 OK CR 227, 554 P.2d 847, 1976 Okla. Crim. App. LEXIS 678
CourtCourt of Criminal Appeals of Oklahoma
DecidedSeptember 17, 1976
DocketNo. F-75-749
StatusPublished
Cited by5 cases

This text of 1976 OK CR 227 (Locke 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
Locke v. State, 1976 OK CR 227, 554 P.2d 847, 1976 Okla. Crim. App. LEXIS 678 (Okla. Ct. App. 1976).

Opinion

OPINION

BRETT, Judge.

The appellant, Dalton Leon Locke, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Logan County, case No. CRF-74-64, for the crime of Murder in the Second Degree. From a sentence of ten (10) years to life imprisonment in the State penitentiary, the defendant brings this timely appeal.

Dr. Tommy L. Hewett testified that in his capacity as Oklahoma County Medical Examiner, he had an occasion to examine the body of William R. Deadwiley, on October 27, 1974. He stated the death was caused by a gunshot wound of the head and that he removed the projectile fragments. Based on his previous experiences with bullet wounds, Hewett felt the weapon ranged from .22 to .32 caliber.

Mrs. William R. Deadwiley’s testimony disclosed that the deceased was employed by the Oklahoma Publishing Company to deliver papers to Crescent, Langston and Coyle, and that he was to do so on October 26, 1974. The witness said that for the last nine or ten years her husband had left the house at about 4:00 a.m. Since the day in question, the wallet of the deceased has been missing.

Inman Stroud, Jr. testified that in the early morning hours of October 26, 1974, he was in Brown’s Place in Langston, Oklahoma with his brother-in-law, Ulysses Cumby. The defendant was also present and obtained loans of $3.00 and $5.00 from the witness. An additional loan was denied whereupon the defendant left Brown’s place, only to return in a few minutes with a brown bag, identified as State’s Exhibit No. 4, containing three revolvers. The defendant offered to sell the weapons to Stroud for $40.00, but was refused. Stroud and his brother-in-law then left Brown’s, accompanied by the defendant, and went to Cigar Jones, “where they serve drinks and gamble.” After repeated attempts to sell the guns to the witness and Jones, the defendant finally accepted an offer from the witness’ brother-in-law to sell two guns for $30.00. The defendant kept one .22 pistol “stuck in the front of his pants,” and later turned it over to Julius Suttle while the defendant was playing pool. The witness and his brother-in-law were in Jones’ place from 12:00 to 3:00 a. m.

Ulysses Cumby’s testimony, as to the events of October 26, 1974, was substantially similar to his brother-in law’s, Inman Stroud. Additionally, he said that he unleaded the two revolvers upon returning home and noticed that the .22 was loaded with longs and shorts. At 10:00 a.m., October 27, 1974, while standing around outside of Cigar Jones, the witness asked the defendant, in a kidding manner “why did you shoot that man.” Cumby could not recall the defendant’s response, but did not remember the defendant denying the accusation.

By stipulation Mrs. Stroud’s testimony was admitted. She said she did not bother the two guns her husband brought home on October 26, 1974.

Walter “Cookie” Chambers testified that on October 26, 1974, he was in Cigar Jones’ place until 6:30 a.m. He witnessed the presence of the defendant, saw him leave about 4:30 or 5:00 o’clock and return about 6:00 o’clock. Upon returning the defendant was eating a piece of bologna and stated that a person had been shot, two or three times outside.

E. G. “Cigar” Jones stated that on October 26, 1974, he refused to loan the defendant money, or buy his guns. He saw the defendant leave between 4:00 o’clock and 5:00 o’clock and heard the defendant say, [849]*849upon returning at about 5:30, that a person had been shot. The defendant was eating a piece of bologna. The witness felt that in order to obtain this bologna, the defendant would have to pass by the scene of the “accident.” After learning of this accident the witness went to the scene and helped carry the deceased to the ambulance. He heard no one discuss the shooting. Theodosius Black’s testimony elicited that he was in Cigar Jones’ place on October 26, 1974, and that he observed the defendant there at about 3:00 o’clock.

Julius Suttle testified next. Suttle said he was present at Jones’ place on October 26, 1974, and that he saw the defendant with three guns, one of which, a long barrel .22, the defendant asked Suttle to hold for him. This gun, identified as State’s Exhibit No. 5, was returned to the defendant between 1:30 and 2:00 o’clock. At about 5:30, the witness was informed of an accident down the road and proceeded to the scene, with one J. C. Burris. The party in the car “was already gone.” Suttle returned to the road and observed the defendant in the road eating a piece of bologna. Suttle also identified State’s Exhibit No. 5, as the gun he found under a car parked in front of Cigar Jones some two or three weeks after the events of October 26, 1974.

J. C. Burris testified that he was traveling through Langston just before 6:00 a. m., on October 26, 1974, when he observed a car in the ditch. He proceeded to Cigar Jones’ place, informed the occupants of the “accident” and returned to the scene with Suttle. As he was leaving, to call a highway patrol, a man “came up on the opposite side of the road,” and inquired as to the occurrences. Burris was unable to identify this man.

Herman Gilmore’s testimony displayed his presence one block from the scene of the “accident” at about S :30 a.m. Gilmore noticed nothing unusual at that time.

Billy Kouts testified that he was traveling through Langston just before 6:00 a.m. on October 26, 1974, and stopped to assist at an accident. He saw the defendant walking in the highway and heard him mutter “that man was done dead. He done had his happy days fucking.” Kouts helped carry the deceased to the ambulance, saw no injury on his face and heard no one discuss a shooting;

Testimony of the State’s next two witnesses was entered upon stipulation. Betty Dreessen, on duty at Logan County Memorial Hospital as a registered nurse, received the body of William Deadwiley and treated it as a “code blue” i. e., DOA by heart attack. She was unaware of any gunshot wounds. The testimony of deputy George Stout disclosed that he retrieved State’s Exhibit No. 5, from Cigar Jones’ place and turned it over to Ed Loffi of the Oklahoma Bureau of Investigation.

James Smith’s testimony elicited that he answered an emergency ambulance call in Langston and arrived about 6:35 a.m. Although the face of the deceased was covered with blood, Smith noticed no bullet wounds, and heard nothing regarding a shooting.

Testifying next for the State, Trooper Gary Adams stated that he was the investigating officer of the “accident.” Adams treated the incident as auto accident, possibly caused by a heart attack. Until subsequently notified by the hospital of the bullet wounds Adams was not aware of the shooting. He later searched the area, but found no weapon.

Ed Loffi testified that in his capacity as agent for the Oklahoma Bureau of Investigation he investigated the death of William R. Deadwiley. He was told by the defendant that on the night in question, at about 5:00 or 5:30, the defendant left Cigar Jones and was approached by a black man in a 1969 or 1970 model car. This party wanted to buy back a gun from the defendant, but, as defendant did not have it, the party accepted the long barrel .22 that the defendant had on him. This man, named Joe according to the defendant, was never found. Loffi said the fingerprint tests of the car proved negative. The two guns [850]*850sold to Cumby and Stroud by the defendant were retrieved by Loffi, and he later received the gun found in front of Cigar Jones i. e., State’s Exhibit No. 5.

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Related

Thrasher v. State
2006 OK CR 15 (Court of Criminal Appeals of Oklahoma, 2006)
Reeves v. State
1991 OK CR 101 (Court of Criminal Appeals of Oklahoma, 1991)
Reaves v. State
1982 OK CR 119 (Court of Criminal Appeals of Oklahoma, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
1976 OK CR 227, 554 P.2d 847, 1976 Okla. Crim. App. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locke-v-state-oklacrimapp-1976.