Sparks v. State

1972 OK CR 331, 503 P.2d 890, 1972 Okla. Crim. App. LEXIS 712
Court of Criminal Appeals of Oklahoma·Decided November 22, 1972·No. No. A-17630·Published·Cited by 3 cases

Opinion

OPINION

BUSSEY, Presiding Judge:

Appellant, Maurice Sparks, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, for the offense of Robbery With Firearms. His punishment was fixed at twenty (20) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected .to this Court.

At the trial, Leo Scruggs, Jr., testified that he was seventeen years old and that, on October 24, 1971, he was with a friend, Ronnie Summers, who let him out of the car at 50th and North Eastern to get a pack of cigarettes. As he left the store, he encountered the defendant, who “put it [a gun] up to me and forced me into' his car.” (Tr. 12) The defendant’s girl friend, Co-defendant Mackie Mae McFee, was driving the car. They entered the expressway and the defendant, still brandishing the gun, asked him if he had any money. Scruggs advised the defendant that he did not have any money. The defendant then took his ring and watch. They pulled off the expressway “towards a lake or river or something” where defendant .ordered Scruggs out of the car, then struck him with a jack handle and forced him back into the car. They drove to a beer joint on 23rd and Bryant where the defendant left the gun with Co-defendant McFee and entered the tavern. Scruggs grappled with Co-defendant McFee over the gun and managed to escape from the car and run to a filling station across the street where help was called. He identified State’s Exhibits 1 and 2 as his watch and ring that were [892]*892taken by the defendant. On October 24, he received a telephone call from a person identifying himself as “Maurice.” The caller stated that if Scruggs would drop the charges, he (the caller) could be reached at a certain telephone number. He subsequently gave the telephone number to the police.

Officer Summers testified that he was assigned to make a follow-up investigation of the robbery. He was furnished a telephone number and traced it to Co-defendant Mc-Fee’s residence at 1428 S.E. 20. He proceeded to the address on November 5, knocked on the door and an inside light went out and a door slammed. Shortly thereafter, Co-defendant McFee drove up and admitted him to the house. He found the defendant in bed in the north bedroom, placed him under arrest, and advised him of his constitutional rights. He questioned the defendant concerning the robbery and defendant “denied pulling the robbery.” Co-defendant McFee then interrupted, stating that she was present at the time of the alleged robbery. She was placed under arrest and advised of her Miranda rights. As they were being taken to the police unit, the defendant stated that he would show them where the watch and ring were. They went back into the house and the defendant pointed to a wooden plate in the wall which covered, the plumbing. Summers removed the plate and observed the watch and ring under the house.

On cross-examination, he testified that Scruggs had informed him that there were two women and a man involved in the robbery. Scruggs further stated to him that when they arrived at the bar at 23rd and Bryant, he managed to get the gun away from the girl and, after getting out of the car, threw the gun at the defendant.

For the defense, Marvin Harrison testified that he was with the defendant and Co-defendant McFee the afternoon of October 24. At about 2:00, a red Mustang drove up with Leo Scruggs sitting in the back seat. Defendant got out of their car and talked to the persons in the red Mustang. The defendant returned and told them that he was going with the people in the Mustang and for them to go to the Pussy Cat Club where he would call them. They proceeded to the Pussy Cat Club and waited several hours for the defendant to call. The defendant called them at the Pussy Cat Club around 6 or 7:00 and asked to be picked up at 53rd and Springlake Drive. They proceeded to the address and observed the defendant in the front yard talking to Leo Scruggs and several other people.

Co-defendant McFee testified she was 27 years old and had known the defendant approximately six months. On the afternoon of October 24, she was with the defendant and Marvin Harrison at 19th and Prospect. A red Mustang approached and defendant got out to talk to the occupants. He returned, told them that he would call them later at the Pussy Cat Club and left with the people in the Mustang. She and Harrison went to the Club and waited until the defendant called them about 6.00 p.m. requesting that they pick him up on 57th Street. The defendant, Leo Scruggs and several others were out in the yard. She, Scruggs and the defendant went into the house for a short time. They left the house together with Scruggs riding in the back seat. Scruggs and the defendant had a conversation concerning money that Scruggs owed the defendant. Scruggs suggested to the defendant that he take his watch and ring as security until he repaid him the money. When they arrived at the Bryant Club, Scruggs and the defendant starting fighting in the car. She told them to get out of the car. Scruggs grabbed her purse where the defendant had put the watch and ring. Everything, fell out of the purse and Scruggs grabbed her gun. Scruggs fired the gun several times at the defendant,, one shot striking him in the leg. She started driving away and stopped to pick up the defendant.

The defendant testified that he was 31 years old and had known Co-defendant Mc-Fee for about six months, and Scruggs about four months. On the afternoon of October 24, he was talking with some friends on 19th Street when a car contain[893]*893ing Leo Scruggs drove up. He went over to the car and talked to Scruggs about the Fifty Dollars ($50.00) that Scruggs owed him. He got in the car with Scruggs with the hopes of being able to collect part of the debt. They went to Scruggs’ girlfriend’s house where Scruggs stated he might be able to get some of the money. When he ascertained that Scruggs was not going to get any money, he called Co-defendant McFee at the Pussy Cat Club. When Co-defendant McFee arrived, Scruggs stated that he would try to get some of the money if they would take him to another club. On the way to the club, he and Scruggs had a heated conversation cencerning the repayment of the debt. Scruggs insisted that he take his watch and ring as security for the debt. When they arrived at the club, they started fighting. Co-defendant McFee told them to get out of the car. He (the defendant) got out of the car and started into the club. He turned around and observed that Scruggs had a gun. Scruggs fired five or six shots at him, one of which struck him in the leg.

In rebuttal, Leo Scruggs was recalled and denied ever having borrowed money from the defendant. He also denied shooting at the defendant.

Leona Scruggs, Leo’s mother, testified that on October 24 Leo was home until approximately 6:00 p. m.

Barbara Littlejohn, Leo’s girlfriend, testified that she lived at 1705 North Fair-mont. On October 24, Leo called her about 3 :00 and said that he would be over later. Around 11:00 p. m., he called her from a filling station and asked her to pick him up. Leo had been struck in the head and she took him to the University Hospital.

In surrebuttal, Officer Smith testified that he assisted in booking the defendant into jail after he was arrested. Defendant stated that he had been shot in the leg. He observed a puncture wound in defendant’s left thigh and an exit wound in the back of the leg.

The first proposition asserts that improper evidence was introduced and prejudicial argument made thereon.

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Sparks v. State, 1972 OK CR 331, 503 P.2d 890, 1972 Okla. Crim. App. LEXIS 712 (Okla. Ct. App. 1972).

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Related

State v. Johnson
254 N.W.2d 114 (South Dakota Supreme Court, 1977)
McFee v. State
1972 OK CR 332 (Court of Criminal Appeals of Oklahoma, 1972)