Draper v. State
Draper v. State
Opinion of the Court
Lindsey Draper, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Tulsa County for the offense of Uttering a Forged Instrument, After Former Conviction of a Felony. His punishment was fixed at ten (10) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.
At the trial, Jimmie Naifeh testified that he operated a grocery store in Tulsa, Oklahoma. He testified that on January 15, 1970, he sold a money order in the amount of $1.50, to an unknown Negro person. He identified State’s Exhibits One and Two as being the original duplicate of that money order.
Jim Bredenger testified that he was an officer at the National Bank of Tulsa, and that on January 16, 1970, the defendant presented a money order, State’s Exhibit Two, to the bank to be cashed in part, and to be deposited in part. He related that the money order in question was presented to him by the teller for his okay and after having examined it, he determined that it had been altered. State’s Exhibit Two was presented to the bank in the amount of One Hundred and Forty-One Dollars and Fifty Cents ($141.50).
The witness further testified that the defendant had an account under the name of Larraye Biggs Rowe. He indicated that prior transactions had been made in that
Officer Ekiss testified substantially to the facts as related in the Evidentiary Hearing. On cross-examination, witness Ekiss testified that it was apparent that the two money orders found in the hat appeared to be altered. He testified that the alteration on both money orders was obvious.
The sole proposition asserts that the trial court erred in allowing the testimony of the police officers concerning the alleged money orders, Exhibits Four and Five, to go before the jury for the reason that the evidence failed to substantiate that exhibits were, in fact, forged, altered, or stolen, thereby bringing it within any of the exceptions to the rule regarding the admission of evidence concerning separate and distinct offenses. The general rule is that when a defendant is put on trial for one offense, he is to be convicted, if at all, by evidence which shows he is guilty of that offense alone, and the admission of evidence of other crimes, either prior or subsequent to the offense for which he is on trial, is inadmissible. In Moulton v. State, Okl.Cr., 476 P.2d 366, we recently stated:
“However, evidence of separate and similar offenses is admissible when it is material and proper to show (1) motive, (2) intent, (3) absence of mistake or accident, (4) identity of person charged with the commission of the crime for which an accused in [sic] put on trial, and (5) common scheme or plan embracing the two or more crimes so related to ' each other that proof of one tends to establish the other.”
We are of the opinion that the possession of the money orders was evidence tending to establish a common scheme and plan. Defense counsel, on cross-examination of the witness Ekiss, established the fact that the money orders were altered to such an extent that an ordinary man would be aware of their change in character. It is only logical to conclude the defendant must have had possession before he could have been found guilty of uttering a forged instrument. And, if he has possession after the issuance of such forged instrument, then this possession becomes a part of the common scheme, plan, and design of the offense for which he stands charged. Defendant further contends under this proposition that the facts in this case at bar are so similar to those in Sandersfield v. State, Okl.Cr., 461 P.2d 1019, as
Case-law data current through December 31, 2025. Source: CourtListener bulk data.