Bivens v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Tillman County; J. T. Johnson, Judge. B. B. Bivens, plaintiff in error, was convicted of the crime of grand larceny, and sentenced to serve a term of one year and one day in the penitentiary, and appeals.
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Appeal from District Court, Tillman County; J. T. Johnson, Judge. B. B. Bivens, plaintiff in error, was convicted of the crime of grand larceny, and sentenced to serve a term of one year and one day in the penitentiary, and appeals. The information charges: “The defendant, B. B. Bivens, then and there being, did then and there wilfully and unlawfully, fraudulently and feloniously take,, steal and carry away by fraud, without the consent and against the will of the true owner, forty-five dollars, good and lawful money of the United States and of the value of forty-five dollars, the personal…
1Opinion of the CourtDoyte, J.
The first assignment of error is that the court erred in overruling the demurrer to the information. The objection here urged by the defendant’s counsel to the sufficiency of the information is, that it attempts to charge “theft by fraud” in general terms, and that the failure to allege the specific acts constituting fraud is fatal. Citing the case of Martin v. Territory, 4 Okla. 105.
The Supreme Court of Oklahoma Territory passed directly upon this question in the case of Flohr v. Territory, 14 Okla. 477. Mr. Justice Gillette, delivering the opinion of the court, after reviewing numerous…
2Cases cited2 opinions
- Flohr v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- Martin v. Territory of OklahomaSupreme Court of Oklahoma · 1896
3Cited by21 opinions
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
- Riley v. StateCourt of Criminal Appeals of Oklahoma · 1938
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ennis v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Phelps v. StateArizona Supreme Court · 1923
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