Ammons v. State
| Decision Date | 03 November 1923 |
| Docket Number | A-4279. |
| Citation | 219 P. 426,25 Okla.Crim. 164 |
| Parties | AMMONS v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
In a prosecution for grand larceny, evidence held to support the conviction.
Additional Syllabus by Editorial Staff.
Although under the testimony in a criminal case, there may be ample room for a different verdict than the one rendered, the appellate court cannot substitute its judgment for that of the jury.
Appeal from District Court, Stephens County; Cham Jones, Judge.
Bob Ammons was convicted of grand larceny, and he appeals. Affirmed.
Wilkinson & Saye, of Duncan, for plaintiff in error.
George F. Short, Atty. Gen., and N.W. Gore, Asst. Atty. Gen., for the State.
This appeal is from a judgment of conviction rendered on the verdict of a jury finding Bob Ammons guilty of grand larceny and fixing his punishment at imprisonment in the penitentiary for the term of one year and a day. The information charges that in Stephens county, on or about the 1st day of May 1921, Bob Ammons did take, steal, and carry away four automobile casings, and four coils, the personal property of Oran Norman, and of the value of $150.
The only assignment of error urged by counsel for appellant is that the verdict of the jury is not sustained by sufficient evidence.
The evidence shows that Oran Norman was the owner of a Ford coupé, and on the 30th day of April, 1921, he left said coupé near Weaver Chapel, on the public road, on account of some car trouble which he was unable to adjust; at the time he left the car there it was equipped with casings and the ordinary coils used in a Ford car; that the casings were worth $40, and were taken from the car without his knowledge or consent; that some two or three days thereafter, upon learning of the theft, the owner, with a man named Gregg, went to the defendant's house and found the stolen casings on the defendant's car, also the stolen coils.
Vernon Brewer testified that he lived 9 miles east of Comanche, remembers when Oran Norman's car broke down out there about a mile from his place, that he passed the car one day and the casings were on the car, and the next day he passed they were gone, and he notified Mr. Norman.
C. C Gregg, deputy sheriff, testified that he knew the defendant, and with Mr. McIllvain and Mr. Norman went to the defendant's home to search for the casings; while there the defendant drove up in a Ford car; Mr. Norman identified the casings on the car as his casings by certain...
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