Akins v. State

Court of Criminal Appeals of Oklahoma

Akins v. State

1932 OK CR 142, 13 P.2d 590, 54 Okla. Crim. 30, 1932 Okla. Crim. App. LEXIS 139

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 16, 1932

DocketNo. A-8369.

StatusPublished

This text of 1932 OK CR 142 (Akins v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Akins v. State, 1932 OK CR 142, 13 P.2d 590, 54 Okla. Crim. 30, 1932 Okla. Crim. App. LEXIS 139 (Okla. Ct. App. 1932).

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Opinion

EDWARDS, J.

The plaintiffs in error, hereinafter called defendants, were convicted in the district court of *31 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 Pac. 324.

As modified, the case is affirmed.

DAVENPORT, P. J., and CHAPPELL, J., concur.

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EDWARDS, J.

The plaintiffs in error, hereinafter called defendants, were convicted in the district court of *31 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 Pac. 324.

As modified, the case is affirmed.

DAVENPORT, P. J., and CHAPPELL, J., concur.

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1932 OK CR 142, 13 P.2d 590, 54 Okla. Crim. 30, 1932 Okla. Crim. App. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akins-v-state-oklacrimapp-1932.

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