State v. Smith

MEMORANDUM OPINION

CORNISH, Presiding Judge:

This is an appeal by the State from an order of the District Court, LeFlore County, quashing the information in Case No. CRF-78-13. In that case the appellee and Odell Rose were charged with Larceny of a Domestic Animal. The magistrate sustained Rose’s demurrer but ordered the appellee held for trial. At the arraignment the appellant’s Motion to Quash was sustained.

The evidence at the preliminary hearing reflects that Mr. Elroy Williams owned a horse which he kept at the farm of Mr. A. B. McReynolds. The horse was discovered missing around November…