Smith v. State

OPINION

BRETT, Judge:

Gordon Neal Smith, the appellant herein, was convicted of Embezzlement by Employee, After Former Conviction of a Felony in violation of 21 O.S.1981, §§ 1456 and 51 in Case No. CRF-81-5771 in the District Court of Oklahoma County. He was represented by counsel and tried by a jury, with the Honorable Homer Smith presiding. He was sentenced to twenty-one (21) years’ imprisonment, and judgment and sentence was imposed in accordance with the jury’s verdict.

In May of 1981, William Gooden took a job at the Molly Kathleen Gold Mine in Cripple Creek, Colorado. The Molly Kathleen is…