Legal Opinion · Concurrence

Bussett v. State

Court of Criminal Appeals of Oklahoma

Decided June 10, 1982No. F-81-277Published

1Concurrence

CORNISH, Judge,

specially concurring:

While I agree that knowingly concealing stolen property is not a lesser included offense of larceny of domestic animals, I do not believe that the two crimes are so dissimilar for purposes of double jeopardy that a mere delineation of their elements satisfies the Blockburger test.

Initially, it must be conceded that larceny of domestic animals is readily set apart from concealing stolen property. The cardinal issue, however, is whether the crime of concealing stolen property necessarily requires proof of elements not found in larceny of domestic animals. As…

2Cases cited4 opinions

  1. Hutchinson v. StateCourt of Criminal Appeals of Oklahoma · 1967
  2. Good v. StateCourt of Criminal Appeals of Oklahoma · 1922
  3. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1977
  4. Roy v. StateCourt of Criminal Appeals of Oklahoma · 1979

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