Burns v State

Burns v State
1930 OK CR 485
294 P. 653
49 Okl.Cr. 396
Decided: 11/19/1930
Oklahoma Court of Criminal Appeals

Appeal from District Court, Craig County; Ad V. Coppedge, Judge.

Frank R. Burns was convicted of aiding a felon, and he appeals. Affirmed.

J.G. Austin and Preston S. Davis, for plaintiff in error.

Edwin Dabney, Atty. Gen., and P.K. Morrill, Asst. Atty. Gen., for the State.

EDWARDS, P.J. The plaintiff in error, hereinafter called defendant, was convicted in the district court of

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Craig county of aiding a felon, and was sentenced to serve a term of six months in the state penitentiary.

This is a companion case to No. A-7022, McGhee v. State, 49 Okla. Cr. 387, 284 P. 649, just decided. The information in that case is the same as in the instant case. What was there said as to the sufficiency of the information, the statement of facts, and the matters proven are applicable in this case. The evidence on the part of the state in this case is substantially the same as in the McGhee Case. An examination of the record indicates that this defendant took a less active part in procuring the custody of White, the fugitive, from Kansas authorities and in aiding his escape than either of his codefendants. This fact, no doubt, accounts for the light sentence imposed. No material error is made to appear.

The case is affirmed.

On Petition for Rehearing.