Sherrill v State

Sherrill v State
1934 OK CR 76
33 P.2d 636
56 Okl.Cr. 70
Decided: 06/08/1934
Oklahoma Court of Criminal Appeals

(Syllabus.)

Larceny - Four Years' Imprisonment for Grand Larceny of Wheat of $28 Value Held Excessive and Reduced to Two Years.

Appeal from District Court, Harmon County; Frank Mathews, Judge.

C.B. Sherrill was convicted of the crime of grand larceny, and he appeals. Judgment modified, and, as so modified, affirmed.

Victor O. Waters, for plaintiff in error.

Page 71

J. Berry King, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

DAVENPORT, J. The plaintiff in error, hereinafter referred to as the defendant, was by information jointly charged with Rimer Gilman and Jim Champion of the crime of grand larceny, was tried with Rimer Gilman, convicted, and sentenced to serve a term of four years in the state penitentiary.

The record shows the defendant, C.B. Sherrill, is the only one that appealed from the judgment. The case-made, with petition in error attached, was filed in this court on February 26, 1934; no brief has been filed in support of defendant's assignment of error.