Payne v. State

BRETT, Judge.

This is an appeal from the district court of Cleveland County, where the plaintiff in error, hereinafter referred to as “defend ant”, was tried and convicted of the crime of receiving stolen property. Judgment and sentence was entered November 6,1966, and defendant was sentenced to serve one year and one day in the state penitentiary. Thereafter he perfected his appeal to this Court.

Defendant was prosecuted under the provisions of Title 21, O.S.Supp.1961, § 1713, which defines the crime of “receiving stolen property”, and also provides a “presumption”, as follows:

“(1) Every…