Sang v. State

1 Harold Franklin Sang, hereinafter referred to as defendant, was charged, tried and convicted in the District
Court of Kay County with the crime of Resisting Arrest, and from the judgment and sentence fixing his punishment at six months
imprisonment in the county jail and a fine of $250.00, he appeals. 2 The evidence adduced on behalf of the State was that on the evening of October 4, 1968, Jim Henley, an Oklahoma
Highway Patrolman, received information on his police radio that an assault with a dangerous weapon had been committed in
the State of Kansas, and that Kansas officers were in pursuit of an automobile with several occupants traveling toward the
Oklahoma border. A description of the vehicle was received by this officer who was proceeding to intercept said vehicle when
he received another radio message that another felony had been committed in Bramen, Oklahoma, and that an automobile matching
the description of that earlier received in connection with the Kansas felony was traveling south on Highway 177 toward Blackwell.
Thereafter, the automobile driven by the defendant was stopped and the Highway Patrolman attempted to place the defendant
under arrest for transporting an open liquor bottle. The State's evidence was, in substance, that when the officer attempted
to arrest the defendant, the defendant resisted, but was finally subdued by the Highway Patrolman with the assistance of auxiliary
policemen and members of the Blackwell Police Department. Although the court admitted the testimony of the officer concerning
the receipt of the report of two felonies for the purpose of allowing the State to demonstrate why the arresting officer stopped
the defendant's vehicle and placed him under arrest, the court sustained the defendant's objections to admission of any evidence
concerning the details of the alleged felonies, advising the respective parties, in the presence of the jury, the purpose
for which the testimony relating to the radio messages was admitted.