Allen v. State

9 Citing cases

  1. Lowrey v. State

    87 Okla. Crim. 313 (Okla. Crim. App. 1948)   Cited 51 times
    In Lowrey, supra, this Court stated that the object of the hearsay testimony of the decedent's father was to supply motive for the killing.

    This right has often been upheld by this court. Long v. State, 61 Okla. Cr. 274, 67 P.2d 980; Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835; Stouse v. State, 6 Okla. Cr. 415, 119 P. 271."

  2. Magee v. State

    22 So. 2d 245 (Miss. 1945)   Cited 16 times
    In Magee v. State, 198 Miss. 642, 22 So.2d 245, 248, this Court said: "The question is not merely whether the jury may have found the defendant guilty of murder in the instant case... but also whether such proof may have influenced the jury to fix the death penalty as his punishment."

    When the accused places his character in issue, according to the overwhelming weight of authority, a witness testifying to the good reputation or character of a defendant in a criminal prosecution may be interrogated on cross-examination with respect to rumors or reports of particular acts imputed to the defendant, and as to what the witness has heard of specific charges of misconduct made against the defendant prior to the time of the commission of the acts for which the defendant is on trial for the purpose of testing the credibility of the character witness. Smith v. State, 112 Miss. 802, 73 So. 793; Gunter v. Reeves, 198 Miss. 31, 21 So.2d 468; Campbell v. State, 194 Miss. 360, 12 So.2d 151; Wilkinson v. State, 143 Miss. 324, 108 So. 711, 46 A.L.R. 895; Proctor et al. v. United States, 100 F.2d 350; Pierce v. State, 228 Ala. 545, 154 So. 526; Allen v. State (Okla.), 113 P.2d 835; Rowe v. State (Okla.), 33 P.2d 233, 56 Okla. Cr. 64; Rowe v. State (Tex.), 179 S.W.2d 962; Townsley v. State, 103 Tex.Crim. 508, 281 S.W. 1054; People v. Rosa, 268 Mich. 462, 256 N.W. 483; People v. Haley (Cal.), 116 P.2d 498; 71 A.L.R. 1504. Argued orally by H.C. Stringer, for appellant, and by Ross R. Barnett and R.O. Arrington, for appellee.

  3. Miller v. State

    418 P.2d 220 (Okla. Crim. App. 1966)   Cited 17 times

    county attorney in the cross-examination of his character witnesses. He cites no authority for this, and this Court presumes the reason being the great weight of authority in Oklahoma to the contrary, holding that a witness testifying to the good reputation or character of a defendant in a criminal prosecution may be interrogated on cross-examination with respect to rumors or reports of particular acts imputed to the defendant, and as to what the witness has heard of specific charges of misconduct made against the defendant. Teel v. State, 53 Okla. Cr. 200, 11 P.2d 197; Bond v. State, 53 Okla. Cr. 224, 11 P.2d 200; Johnson v. State, 54 Okla. Cr. 143, 16 P.2d 263; Davis v. State, 54 Okla. Cr. 285, 19 P.2d 384; Ellis v. State, 54 Okla. Cr. 295 19 P.2d 972; Rowe v. State, 56 Okla. Cr. 64, 33 P.2d 233; Steyh v. State, 58 Okla. Cr. 258, 52 P.2d 121; Seabolt v. State, 59 Okla. Cr. 1, 57 P.2d 278; Henderson v. State, 59 Okla. Cr. 86, 56 P.2d 915; Long v. State, 61 Okla. Cr. 274, 67 P.2d 980; Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835; Lyons v. State, 76 Okla. Cr. 41 133 P.2d 898; Gallagher v. State, 81 Okla. Cr. 15, 159 P.2d 562 Lowrey v. State, 87 Okla. Cr. 313, 197 P.2d 637; Anglin v. State 92 Okla. Cr. 430, 224 P.2d 272; Whitten v. State, 94 Okla. Cr. 393 236 P.2d 706; Taylor v. State, 96 Okla. Cr. 1, 247 P.2d 749. The state's brief quotes at length from the Gallagher case, supra, as follows:

  4. Webb v. State

    311 P.2d 819 (Okla. Crim. App. 1957)   Cited 2 times

    " Also, Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835, 836: "It is permissible on cross-examination of a witness who has testified to the good character of a defendant to show the source of his information, and particular facts may be called to his attention, and he may be asked if he ever heard of them. This is especially true as to offenses of the same character with which he stands charged.

  5. Skaggs v. State

    272 P.2d 1048 (Okla. Crim. App. 1954)   Cited 1 times

    '" To the same effect is Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835; Byrd v. State, 91 Okla. Cr. 433, 219 P.2d 1027; Jones v. State, Okla. Cr. 234 P.2d 427. In the recent case of Clark v. State, Okla. Cr. 270 P.2d 1103, the identical question was passed on as appealed from the same trial court in which the cause was reversed and remanded for the reason herein asserted by this defendant.

  6. Anglin v. State

    92 Okla. Crim. 430 (Okla. Crim. App. 1950)   Cited 10 times

    Clearly the cross-examination was proper if made in good faith. Long v. State, 61 Okla. Cr. 274, 67 P.2d 980; Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835. If not made in good faith, such tactics would be most unfair and reprehensible, and would probably justify a reversal of the case. But if counsel for the defendant was convinced from his investigation that there was no basis for the question, but that they were asked for the purpose of prejudicing the minds of the jury, then the assignment of error should have been raised by the defendant's motion for new trial, and supported by affidavits, and thus afforded the court an opportunity to pass on the question of fact as to the good faith of the county attorney in asking questions complained of.

  7. Roberson v. State

    91 Okla. Crim. 217 (Okla. Crim. App. 1950)   Cited 14 times
    In Roberson v. State, 91 Okla. Cr. 217, 218 P.2d 414 (1950), the court held that the rule barring evidence of the defendant's character is absolute (unless she makes an issue of it), primarily because of a fear that such evidence, unrelated to the crime at issue, would give the accused too much to defend against, without adequate notice, and thus "in many instances, [would] provoke the conviction of the accused on general principles instead of on the issues involved in the particular case."

    In the absence of bad faith this is not necessarily reversible error." This case is cited with approval in Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835.

  8. Lyons v. State

    133 P.2d 898 (Okla. Crim. App. 1943)   Cited 6 times

    This right has often been upheld by this court. Long v. State, 61 Okla. Cr. 274, 67 P.2d 980; Allen v. State, 72 Okla. Cr. 102, 113 P.2d 835; Stouse v. State, 6 Okla. Cr. 415, 119 P.2d 271. We cannot agree with defendant's contention that the evidence in this case is insufficient to sustain the judgment and sentence.

  9. Allen v. State

    124 P.2d 262 (Okla. Crim. App. 1942)   Cited 4 times

    On cross-examination the defendant admitted that he was convicted in Logan county on the 22nd of May, 1939, of unlawful possession of intoxicating liquor. See Allen v. State, 72 Okla. 102, 113 P.2d 835. To support his contention that a copy of the warrant was not presented to him, the defendant called three or four witnesses who testified that they were present at the time of the raid, and that they did not see a copy of the warrant delivered to the defendant.