Legal Opinion

Deaton v. State

Court of Criminal Appeals of Oklahoma

Decided May 18, 1912No. A-1049PublishedCited by 2 opinions

Appeal from District Court, Stephens County; Frank M. Bailey, Judge. Robert E. Deaton was convicted of larceny, and appeals. The plaintiff in error, Robert E. Deaton, was convicted at the November, 1910, term of the district court of Stephens county'on a charge of grand larceny, and his punishment fixed at imprisonment in the state penifentiary for a period of one year and one day.

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Appeal from District Court, Stephens County; Frank M. Bailey, Judge. Robert E. Deaton was convicted of larceny, and appeals. The plaintiff in error, Robert E. Deaton, was convicted at the November, 1910, term of the district court of Stephens county'on a charge of grand larceny, and his punishment fixed at imprisonment in the state penifentiary for a period of one year and one day. The conviction is based upon a charge that Robert Deaton, the accused, Robert Sprouse, Sr., and Bob Billups stole a trunk of merchandise from the Chicago, Rock Is-' land & Pacific Railway station at Comanche, in…

1Opinion of the CourtArmstrong, J.

(after stating the facts as above). The facts disclosed by this record would have warranted the jury in reaching the conclusion that Billups, the accused, and Sprouse were in a conspiracy wherein baggage checks were to be changed by them, and the destination of such baggage changed to Comanche, and the property contained in such packages stolen and appropriated to the use of these parties.

Billups was in the drayage business. It is but natural and reasonable for the jury to conclude that if he was the only person interested in the stolen property found at the home of Sprouse he would have used…

2Cases cited4 opinions

  1. Moore v. StateCourt of Criminal Appeals of Oklahoma · 1910
  2. Alderman v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  3. State v. MabenCourt of Criminal Appeals of Oklahoma · 1911
  4. Kerkendall v. StateCourt of Criminal Appeals of Oklahoma · 1911

3Cited by2 opinions

  1. Ostendorf v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Haas v. StateCourt of Criminal Appeals of Oklahoma · 1927

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