Pitman v. State4/28/1971
Rehearing Denied May 25, 1971.
Second Rehearing Denied August 11, 1971.
VALDHE F. PITMAN, PLAINTIFF IN ERROR,
v.
THE STATE OF OKLAHOMA, DEFENDANT IN ERROR.
An Appeal from the District Court of Oklahoma County; Carmon Harris, Judge.
Joe Cannon and Valdhe F. Pitman, Oklahoma City, for plaintiff in error.
Curtis P. Harris, Dist. Atty., James R. McKinney, Asst. Dist. Atty., Oklahoma County, for defendant in error.
The opinion of the court was delivered by: CARLE, Special Judge.
This is an appeal by the Plaintiff in Error, hereinafter called Defendant from a conviction of the crime of perjury in the District Court of Oklahoma County, wherein he received a sentence of of one (1) year in the State Penitentiary, which was suspended.
It appears that the Defendant was a practicing Attorney in Oklahoma City and apparently involved to a large extent in defending persons charged with crimes. He had in his employ one E.W. "Jeep" O'Neal. On July 31, 1963, the Defendant and O'Neal entered into the following Memorandum Agreement:
"MEMORANDUM AGREEMENT
"This Memorandum Agreement, made and entered into this 31st day of July 1963, between Valdhe F. Pitman, hereinafter referred to as party of the first part, and E.W. O'Neal, hereinafter referred to as party of the second part, WITNESSETH:
"Whereas, party of the Second part is and has been a salaried employee of party of the first part, and,
"Whereas, parties hereto desire to enter into a new agreement as and for compensation of party of the second part on relation to party of the first part.
"Now, therefore, for and in consideration of the mutual promises and agreements of the parties, it is hereby agreed as follows:
"1. Salary of second party shall cease upon the execution of this agreement; however, second party shall continue working for first party as before, and in addition thereto shall make all bonds for first party on clients represented by first party, for the compensation hereinafter set forth.
"2. Fees for said bonds shall be at the rate of 10% of the bond amount, which cash fees shall be deposited in the Liberty National Bank and Trust Company of Oklahoma City and carried under the account name of "O'Neal Bail Bonds". Checks drawn on said account shall be honored when signed by first party singly, or by second party and countersigned by first party.
"3. Of said funds on deposit to the account of O'Neal Bail Bonds, 20% shall at all times be left in escrow in said account, or, as the parties shall agree, placed in a savings account in either the Liberty National Bank and Trust Company or the First National Bank and Trust Company, to insure against losses from bond forfeitures.
"4. Of the remaining 80%, second party shall receive 40% as and for salary compensation, and first party shall receive 40%, it being understood and agreed that the properties used on said bonds are the properties of first party and are held in trust by second party.
"5. In the event of bond forfeiture, same shall be paid from monies held in escrow and/or savings account; however, if sufficient monies are not available, second party shall be liable therefor; provided, however, that if at any time any forfeitures exceed the amount held in escrow in checking or savings account, then and in that event, the future escrow percentage shall be increased to 40% until such deficit has been covered and until the sum of $2500.00 be held in escrow ove
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