Freeman v State

Freeman v State
1949 OK CR 76
208 P.2d 192
89 Okl.Cr. 378
Decided: 07/06/1949
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. EmbezzlementEvidence Sufficient to Establish Crime of Embezzlement Where Defendant Obtained Possession of $500 Bill, and Appropriated It to His Own Use Without Consent of Complainant. Where evidence of state shows that defendant obtained possession of a $500 bill from complaining witness with his consent and thereafter, without the knowledge or consent of complainant, fraudulently appropriated the same to his own use and benefit, such evidence is sufficient to establish the crime of embezzlement.

Appeal from District Court, Oklahoma County; Lewis R. Morris, Judge.

Estell Dewey Freeman was convicted of embezzle, meet, and he appeals. Affirmed.

Page 379

Clarence W. Myers, of Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Glen., for defendant in error.

JONES, P. J. The defendant, Estell Dewey Freeman, was charged by information filed in the district court of Oklahoma county with the crime of embezzlement, was tried, convicted by a jury who left the punishment to be assessed by the court. Thereafter the defendant was sentenced to serve two years imprisonment in the penitentiary, and has appealed.

All cases appealed to the Criminal Court of Appeals under the rules of this court are assigned for oral argument. On the date this case was set for oral argument, there was no appearance by any counsel in defendant's behalf; and although the appeal has been lodged here for about a year, no brief has been filed. In such a case, we do not feel it the duty of this court to check the record to try to ascertain any errors that may have been committed. However, we do read the record for the purpose of ascertaining whether there is competent evidence of guilt, whether the information correctly charges an offense and whether the judgment pronounced is within the jurisdiction of the court.

The record here correctly charges the crime of embezzlement to have been committed. The record discloses that the defendant came into possession of a $500 bill belonging to John J. Conner and embezzled and appropriated the same to his own use.

There are no errors apparent in the record and the

Page 380

judgment and sentence of the district court of Oklahoma county is affirmed.

BRETT, J., concurs.