Vanderslice v. State

1936 OK CR 29, 57 P.2d 267, 59 Okla. Crim. 192, 1936 Okla. Crim. App. LEXIS 29
CourtCourt of Criminal Appeals of Oklahoma
DecidedMarch 6, 1936
DocketNo. A-8919.
StatusPublished
Cited by13 cases

This text of 1936 OK CR 29 (Vanderslice 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.

Bluebook
Vanderslice v. State, 1936 OK CR 29, 57 P.2d 267, 59 Okla. Crim. 192, 1936 Okla. Crim. App. LEXIS 29 (Okla. Ct. App. 1936).

Opinion

DAVENPORT, J.

The plaintiff in error, hereinafter for convenience referréd to as the defendant, was convicted of the crime of forgery in the first degree,, in Murray county, and sentenced to be imprisoned in the state penitentiary for a term of seven years.

The information upon which the defendant was charged, omitting the caption and signature, is as follows:

“Now comes Lynn W. Norman, the duly qualified and acting county attorney in and for Murray county, state of Oklahoma, and gives the district court of Murray county and the state of Oklahoma, to know and be informed that Jacob Vanderslice did, in Murray county and in the state of Oklahoma, in the year of our Lord One Thousand Nine Hundred and Thirty-two, and anterior to the presentment hereof, commit the crime of forgery in the first degree in the manner and form as follows, to wit:
“That the said Jacob Vanderslice, did on said day and date and in said county and state, wilfully, unlawfully, and feloniously and fraudulently and with the premeditated design to obtain money by false and fraudulent pretenses, did forge the name of O. W. Montgomery, county treasurer of Murray county, Okla., to a certain warrant No. 5 of school district No. 6, in the amount of flOO in Murray county, Okla,, the same being the Oak Grove school of said county and state, and he the said Jacob Vanderslice did wilfully, unlawfully and feloniously and fraudulently forge the bogus signature as aforesaid for the purpose of showing that said warrant had been registered in the office of the county treasurer of Murray *195 county, Okla., that tbe said Avarrant was made payable to Howard Wagoner, and was purported to bave been issued by said district for services rendered by tbe said Howard Wagoner as teacher of said school; that a copy of said Avarrant is hereto attached, and made a part hereof, that the said-Jacob Vanderslice did wilfully, unlawfully-and feloniously and with the premeditated design to defraud, take said bogus Avarrant and under representations that the same was a valid Avarrant against said school district pass the same to Mrs. B. H. Smith, of Hickory, Okla.; that said warrant is a warrant issued against the public funds of said school district, the same being a subdivision of the state of Oklahoma; that the names of the officers forged are the names of public officials of Murray county, Oklahoma, contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the state.”

Mrs. B. H. Smith, called as a Avitness for the state, in substance testified as folloAvs:

“I have knoAvn the defendant six or seven years; knew him when he Avas superintendent of the schools of Murray county; in September, 1932, I was teaching school in Hickory township; I have examined state exhibit A. The defendant gave the Avarrant to me in September or October, 1932 — I would not be positive .which.
“It was some time after the date of the warrant; when' I first saw him I believe it Avas here in the courthouse; the warrant Avas given me on a debt of $100, and was to pay the debt of $100 he OAved me; I came to see the defendant to- collect the money, and he said he had the Avar-rant if I was Avilling to take it, and I told him I was; I remember he told me the Avarrant was not payable or was not called, or something to that effect, but if it Avas not called by the first of the year he would take it up; the Avarrant was fully filled out by the names of the members of the school board being attached. I later got the cash from the county treasurer; it seems to me it Avas some time in March, but I would not be positive about that. The county treasurer paid me out of county funds, *196 I suppose; I cannot remember clearly whether the warrant was turned down by the county treasurer’s office, but I got the money; I do not remember who cashed the warrant; I saw the warrant in the county treasurer’s office and I paid the county 'bach the money that was paid to me for it; I had gotten the money from the county on the warrant and I returned it.”

On cross-examination Mrs. Smith testified the defendant owed her money when she got the warrant; that he had been owing her since April, 1932:

“The warrant was delivered to me in the fall of 1932; after the warrant was taken up the defendant paid me the $100 he owed me; at the time he delivered the warrant the defendant did not tell me the warrant was not good, nor did he tell me it was not legal. If he said anything about it being, illegal, I do not remember it.”

Howard Wagoner, testifying on behalf of the state, stated :

“I was teaching school in this county in the fall of 1932, at Oak Grove school; the members of the board were T. C. Roberson, B. F. Frazier, and J. H. Brown; I did not get the warrant marked state exhibit A, purported to have been issued September 3,1932, for $100; it was never offered to me; I got my salary warrant that was due in September, 1932; I do not remember what date it was.
“I wrote my name in the stub of the warrant book for the warrant that was issued to me; the stub shows it was for my September salary; it was general fund warrant No'. 5; amount $100; independent school district No. 6; dated September 2, 1932; issued to Howard Wagoner on account No. 5; department, teachers’ fund; appropriation for $1,800; amount approved for this purpose $450; warrant issued No. 5, $100. This warrant $100, pending claims and contracts $300; total charged against the appropriation $300, unencumbered balance $150; received this warrant this 2d day of September, 1932, signed How: ard Wagoner. This warrant is No. 5; I did not draw *197 the other warrant for teaching prior to this time; Frazier and Eoberson were the members of the school board that signed my warrant; I had nothing to do with the warrant marked state’s exhibit A. There was no money dne me from the school district on September 3, 1932. The defendant, Mr. Yanderslice, was county superintendent at that time, and on the date this warrant purports to have been issued and signed; I did not sign my name on the back of the warrant designated as state exhibit A, nor do I know who wrote it.”

T. C. Eoberson, testifying in behalf of the state, stated:

“I live in Oak Grove district; I was an officer of the school board in 1932; the two other members of the board were B. F. Frazier and J. H. Brown; I was clerk of the school board; I kept the warrant book for the school district; on September 2, 1982, there was a warrant issued to Howard Wagoner for salary, in the sum of $100; the number of the warrant was No. 5; there had been one other warrant issued for Howard Wagoner out of this book before that time; there had been other warrants issued to other parties; we had two teachers in the district at that time; I had nothing to do with the issuing of the warrant shown as state exhibit A. The first time I saw the warrant Mr. Montgomery and Mr. Johnson, the sheriff here, came out and brought it; my name is on the warrant but not my signature; I did not sign it; I never saw the warrant until Mr. Montgomery and Mr. Johnson came to my place with it.”

Mr. Brown signs his name J. H.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Voran v. State
1975 OK CR 115 (Court of Criminal Appeals of Oklahoma, 1975)
McGlocklin v. State
1973 OK CR 445 (Court of Criminal Appeals of Oklahoma, 1973)
Dillon v. State
1973 OK CR 173 (Court of Criminal Appeals of Oklahoma, 1973)
McGowan v. State
1963 OK CR 34 (Court of Criminal Appeals of Oklahoma, 1963)
Wagers v. State
1962 OK CR 39 (Court of Criminal Appeals of Oklahoma, 1962)
Pettigrew v. State
1959 OK CR 116 (Court of Criminal Appeals of Oklahoma, 1959)
Lewis v. State
1959 OK CR 14 (Court of Criminal Appeals of Oklahoma, 1959)
Payne v. State
1954 OK CR 123 (Court of Criminal Appeals of Oklahoma, 1954)
Boyd v. State
1953 OK CR 154 (Court of Criminal Appeals of Oklahoma, 1953)
Stevens v. State
1951 OK CR 86 (Court of Criminal Appeals of Oklahoma, 1951)
Odell v. State
1949 OK CR 48 (Court of Criminal Appeals of Oklahoma, 1949)
Giles v. State
1940 OK CR 87 (Court of Criminal Appeals of Oklahoma, 1940)

Cite This Page — Counsel Stack

Bluebook (online)
1936 OK CR 29, 57 P.2d 267, 59 Okla. Crim. 192, 1936 Okla. Crim. App. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanderslice-v-state-oklacrimapp-1936.