Harvelle v. State

POWELL, Judge.

The plaintiff in error, hereinafter referred to as defendant, was charged by information filed in the district court of Oklahoma County with the crime of stealing a 1948 Chevrolet automobile, the property of one Richard Howard. He was tried before a jury and convicted, but the jury being unable to agree upon the amount of punishment left that to the court, who assessed the penalty at ten years imprisonment in the state penitentiary. The applicable statute provides that the punishment shall be by confinement in the state penitentiary for a term not less than three years, nor more…