Marutzky v. State

OPINION

SIMMS, Judge:

Defendant was convicted in the District Court of Carter County, Oklahoma, of the *805crime of Larceny of Domestic Animals, After Former Conviction of a Felony, in a two-stage proceeding before a jury and sentenced to serve a term of ten years in accordance with the jury verdict. He has perfected a timely appeal to this Court.

The sole and only assignment of error presented in defendant’s brief is that the evidence adduced at trial was insufficient to sustain the conviction and the trial court erred in not advising the jury to return a verdict of acquittal.

Evidence of the state…