Walters v. State
Walters v. State
Opinion of the Court
OPINION
Appellant, Billy Ray Walters, a/k/a Abe Walters, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Muskogee County, Oklahoma for the offense of Burglary of Automobile; his punishment was fixed at three (3) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.
Although three witnesses were called by the State, only the testimony of Officer
The first proposition asserts that the court erred in not sustaining the defendant’s motion for mistrial. The record reflects that on cross-examination of Officer Bradley the following transpired:
“Q. And then the Defendant just kind of ambled on to Fourteenth, is that correct?
“A. Well, when he got to the corner of Fourteenth and Court he went cattie-cor-ner.
“Q. Across the street ?
“A. Well, we just talking about this case only?” (Tr. 13)
The defendant moved for a mistrial whereupon the court conducted a hearing outside the presence of the jury. At the hearing, it was ascertained that the witness had observed the defendant enter another vehicle. The trial court thereupon overruled the motion for mistrial. We are of the opinion that although there was no further testimony concerning another crime that the same would have been admissible. In Moulton v. State, Okl.Cr., 476 P.2d 366, we stated :
“The general rule in this state is that when a defendant is put upon trial for one offense he is to be convicted, if at all, by evidence which shows that 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. 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 is 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.”
See Epperson v. State, Okl.Cr., 406 P.2d 1017; Parks v. State, Okl.Cr., 457 P.2d 818 and Turnbow v. State, Okl.Cr., 451 P.2d 387. We therefore find this proposition to be without merit.
The final proposition asserts that the punishment is excessive. We can only observe that the punishment is well within the range provided by law and does not shock the conscience of this Court. The judgment and sentence is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.