Parrott v. State

439 S.W.2d 924, 246 Ark. 672, 1969 Ark. LEXIS 1295
CourtSupreme Court of Arkansas
DecidedApril 14, 1969
Docket5-5393
StatusPublished
Cited by24 cases

This text of 439 S.W.2d 924 (Parrott v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parrott v. State, 439 S.W.2d 924, 246 Ark. 672, 1969 Ark. LEXIS 1295 (Ark. 1969).

Opinions

Prank Holt, Justice .

The appellant was charged by information with the crime of robbery. A jury found him guilty and assessed his punishment at 12 years imprisonment in the State Penitentiary. Prom the judgment on that verdict comes this appeal. On appeal appellant first questions the validity of all proceedings preliminary to his trial of the alleged offense.

At about 10 a.m. on February 15, 1968, the bank in Hartford, Arkansas was robbed of approximately $5,-000 by two masked gunmen. While in the bank their general appearance was observed' by two women employees and a male official of the bank. When the two robbers left the bank, one -was observed to walk with a noticeable, peculiarity or a “dragging” of his right foot. Their “get-away” car was parked on the street near the bank. Their departure was observed through the bank window. An accurate description of the automobile and its license number were noted. Tbe appellant was observed as tbe driver of tbe car. Tbe witnesses in the bank were able to see his profile and features since the masks were removed after entering the car. The “getaway” ear was found a short time later, abandoned and burning' a few miles from tbe scene of the robbery. The robbery was reported immediately to the law enforcement. officials, together with a description of flie robbers and other incidental circumstances. The prosecuting attorney secured from the local justice of the peace a warrant of arrest for the appellant. Late in the afiernoon of the same day of the robbery the appellant was arrested, based upon this warrant of arrest, in Oklahoma, a distance of approximately 90 miles from the scene of the robbery. At the time of his arrest for this alleged offense, the appellant was in the Adair County Jail on a traffic violation for which he had just been arrested. He was then held in that county jail with the. charge of bank robbery placed against him. The next day he was arraigned before a magistrate of Adair County and released upon $5,000 bail. Appellant refused to waive extradition. He was extradited, after a hearing, to the State of Arkansas and placed in the Sebastian County Jail at Fort Smith on March 19, or about a month after his arrest. At the time he was incarcerated in the Sebastian County Jail, his bail was set at $25,000. On March 22, the prosecuting Attorney filed an information direct in the circuit court charging the appellant with the alleged offense. On March 25, the appellant was arraigned in circuit court and bail was set at $50,000. The court later reduced the bail to $35,000 upon appellant’s motion. The trial court then refused to approve the tendered bail on the basis that the bondsman had not complied with the court’s rule which it had promulgated pursuant to Ark. Stat. Ann. § 43-732 (Kepi. 1964). After two hearings before this court, appellant was permitted to make the proffered bail in the sum of $35,000. It appears that he was released on bail pending trial of the case in July.

Appellant has not demonstrated to us any prejudicial error. We find no merit in his contentions relating to the invalidity of any preliminary proceedings. Certainly there was sufficient evidence, and we have only detailed a part of it, as a basis for probable cause in the issuance of the warrant of arrest. Appellant was properly arraigned before, a local magistrate in Oklahoma and bail granted and made the day following his arrest. The proper procedure was followed in the extradition proceeding. On the date he was extradited and placed in the Sebastian County Jail a bail was set. The prosecuting attorney then filed a direct charge of robbery against the defendant. This procedure is so well established that it requires no citation of authority to support its validity. In the circumstances, appellant was arraigned within a reasonable time before the circuit court and bail was set. When the trial court refused to recognize his surety, the appellant was admitted to bail after application to this court.

The appellant next argues that the court erred in overruling his motion to suppress and quash a “lineup identification.” Appellant urges that his constitutional rights were violated by this procedure and cites several federal cases, including United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967); Stovall v. Denno, 388 U.S. 293, 87 S. Ct. 1967, 18 L. Ed. 2d 1199 (1967); Gilbert v. California, 388 U.S. 263, 87 S. Ct. 1951, 18 L. Ed. 2d 1178 (1967). In the case at bar, appellant’s then counsel was notified of the proposed lineup and was present during the “lineuY) identification” procedure. It appears that certain objections to the arrangement of the lineup were made by appellant’s counsel and the state, made corrections accordingly. We find no violation of appellant’s constitutional rights in the instant case. Further, it appears that this out-of-court identification was not offered by the state. See, Steel v. Slate, 246 Ark. 75, 436 S.W. 2d 800 (1969).

The appellant argues that the testimony of certain witnesses was erroneously permitted and that their teslimony was immaterial and “designed to reflect guilt by inference” and prevented the appellant from obtaining a fair trial. We cannot agree with the appellant. A review of the testimony of these witnesses reflects that it is relevant to the issues in the case. The testimony of these witnesses was clearbg permissible to establish the identity of the appellant and to show circumstances and events that tended to connect him with the commission of the alleged crime. Such evidence has been approved bv us manv times. Keese & Pilgreen v. State. 223 Ark. 261, 265 S.W. 2d 54-2 (1954); Williams, et al v. Stole, 237 Ark. 569, 375 S.W. 2d 375 (1964); Harris v. State, 239 Ark. 771, 394 S.W. 2d 135 (1965); Kurd v. State, 242 Ark. 742, 415 S.W. 2d 61 (1967).

The appellant asserts that the court erred in permitting the introduction and exhibiting of the contents of appellant’s billfold which was taken by search and seizure in violation of his constitutional rights. The appellant complains that it was prejudicial to admit in evidence a receipt found in his billfold which reflected the alias of “Joe Longshore” and indicated that he had paid a traffic fine in that name. This billfold was first taken from the appellant when he was placed in the Adair County Jail for a traffic violation. It was shortly thereafter, and while he was still in jail, that the appellant was arrested on the Arkansas warrant for robbery. We find no error in the introduction into evidence of this receipt since it was incidental to and a product of a lawful arrest Ward v. State, 243 Ark. 472, 420 S.W. 2d 540 (1967). There was competent evidence by witnesses that the appellant had on occasions used the name “Joe Longshore” and the us.e of this name tended to connect and identify him with the commission of the alleged crime of robbery.

The appellant contends that the court, erred in permitting the prosecuting attorney to interrogate the witness, Pat Leatherwood, about her knowledge of appellant robbing two other banks before the alleged robbery of the Hartford bank. The witness stated that she did not know the answer to the question. The trial court sustained appellant’s objections and denied appellant’s motion for a mistrial.

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Parrott v. State
439 S.W.2d 924 (Supreme Court of Arkansas, 1969)

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Bluebook (online)
439 S.W.2d 924, 246 Ark. 672, 1969 Ark. LEXIS 1295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrott-v-state-ark-1969.