Gunter v State

Gunter v State
1927 OK CR 9
252 P. 449
36 Okl.Cr. 79
Decided: 01/15/1927
Oklahoma Court of Criminal Appeals

Appeal from District Court, Le Flore County; D.C. McCurtain, Judge.

Page 80

John Gunter was convicted of robbery, and he appeals. Reversed and remanded.

White & Reid, for plaintiff in error.

Geo. F. Short, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant, was convicted in the district court of Le Flore county on a charge of robbery, and sentenced to serve a term of five years in the state penitentiary.

This is a companion case to case No. A-5766, Ditman v. State, 36 Okla. Cr. 77, 252 P. 449, just decided. The defendant was charged with the robbery of Grace Hill, and the prosecution was had on the theory that he aided and abetted the defendant Ditman in case No. A-5766. The conviction rests on substantially the same evidence as in that case, but which applies less directly against this defendant than against the defendant in that case. The evidence is insufficient to sustain the verdict.