Legal Opinion

Howard v. State

Court of Criminal Appeals of Oklahoma

Decided May 3, 1913No. A-1524PublishedCited by 8 opinions

Appeal from, District 'Court, Washita County; James It. Tolbert, Judge. Walter Howard was convicted of larceny of a horse, and he appeals. It was proven that on the night of the. 14th day of January, 1910, there were stolen from the ranch of W. E. Tandy in Roberts county, Tex., two horses and a saddle, the property of said Tandy. The animals were traced from Texas into Oklahoma.

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Appeal from, District 'Court, Washita County; James It. Tolbert, Judge. Walter Howard was convicted of larceny of a horse, and he appeals. It was proven that on the night of the. 14th day of January, 1910, there were stolen from the ranch of W. E. Tandy in Roberts county, Tex., two horses and a saddle, the property of said Tandy. The animals were traced from Texas into Oklahoma. About 60 days after the theft some officers of Wash-ita county, Okla., went to the house of Gus Howard in said county about 9 o’clock at night. Gus Howard was called to the door and informed that he was under arrest.…

1Opinion of the CourtFueman, J.

(after stating the facts as above). First. It is not claimed that appellant did not have a guilty connection with the stolen property, but it is earnestly contended that the evidence does not sustain a verdict for grand lanceny, but that it makes out a case showing that appellant was merely an accessory to the crime committed, or, at most, that he was guilty of knowingly receiving stolen property. We cannot agree with either of these contentions. Section 2046, Comp. Laws 1909 (Eév. Laws, sec. 2135), with reference to accessories, is as follows:

“All persons who, after the commission of any…

2Cases cited2 opinions

  1. Davis v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Green v. StateCourt of Criminal Appeals of Oklahoma · 1912

3Cited by8 opinions

  1. Price v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. United States v. AnthonyDistrict Court, M.D. Pennsylvania · 1956
  3. Crosby v. StateMississippi Supreme Court · 1937
  4. Dismore v. StateCourt of Criminal Appeals of Oklahoma · 1935
  5. Shaw v. StateCourt of Criminal Appeals of Oklahoma · 1917

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