Capshaw v State

Capshaw v State
1944 OK CR 27
147 P.2d 175
78 Okl.Cr. 266
Decided: 03/22/1944
Oklahoma Court of Criminal Appeals

(Syllabus.)

Larceny-Syllabus Adopted.

Appeal from District Court, Okfuskee County; Arthur Cochran, Judge.

Clifford Capshaw was convicted of grand larceny, and he appeals. Reversed and remanded.

Tellegen & Miskovsky, of Oklahoma City, Billingsley & Kennerly, of Wewoka, and David Tant, of Oklahoma City, for plaintiff in error.

Randell S. Cobb, Atty. Gen., E. J. Broaddus, Asst. Atty. Gen., and Roy P. Parham, Co. Atty., of Okemah, for defendant in error.

Page 267

BAREFOOT, J. Defendant, Clifford Capshaw, was charged with the crime of larceny in the district court of Okfuskee county, was tried, convicted, and sentenced to serve a term of two and one-half years in the State Penitentiary at McAlester, and has appealed.

This is a companion case of Cook v. State, 78 Okla. Cr. 258, 147 P.2d 171. The facts here are practically identical with the facts in that case. The same questions are presented in each case, and the cases have been jointly briefed.