Spiva v. State

OPINION

Floyd Spiva, Jr., and Gerald Martin, hereinafter referred to as defendants, were charged, tried, and convicted in the District Court, Oklahoma County, Cases No. CRM— 76-3251 and CRM — 76-3262, of the offense of Unlawful Possession of Dental Equipment, to wit, Two Dental Chairs, in violation of 59 O.S.1971, § 328.39. From that conviction and a One Thousand ($1,000.00) Dollar fine, the defendants have appealed to this Court.

It is the opinion of this Court that the State failed to establish essential ele*1357ments of the crime charged. Title 59 O.S. 1971, § 328.39, provides in part that:

“It…