Akins v State

Akins v State
1932 OK CR 142
13 P.2d 590
54 Okl.Cr. 30
Decided: 08/16/1932
Oklahoma Court of Criminal Appeals

(Syllabus.)

Larceny Sentence for Theft of Three Domestic Fowls Held Excessive and Reduced.

Appeal from District Court, Adair County; W.A. Woodruff, Judge.

Dow Akins and John Scott were convicted of the larceny of domestic fowls, and they appeal. Judgment modified, and, as modified, affirmed.

R.Y. Nance, for plaintiffs in error.

J. Berry King, Atty. Gen., and Gus Rinehart, Asst. Atty. Gen., for the State.

EDWARDS, J. The plaintiffs in error, hereinafter called defendants, were convicted in the district court of

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Adair county of theft of domestic fowls, and their punishment fixed at two years in the state penitentiary.

Defendants were charged with the larceny of three hens from one Kelly. The evidence for the state is not overwhelming, but the testimony of defendants tends to strengthen it. Upon a consideration of the entire record, we are of the opinion the jury were fully warranted in finding defendants guilty, but, under the entire record, the punishment assessed is excessive, and justice requires a modification by reducing the judgment to a term of one year in the penitentiary. Tennison v. State, 32 Okla. Cr. 260, 240 P. 324.