Foley v. State
| Decision Date | 13 September 1915 |
| Docket Number | A-2316. |
| Citation | 151 P. 486,12 Okla.Crim. 17,1915 OK CR 191 |
| Parties | FOLEY v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
In cases of circumstantial evidence, it is necessary that all the facts and circumstances essential to a conviction be proved beyond a reasonable doubt.
In a prosecution for larceny, the evidence in the case examined and found sufficient to sustain the verdict of the jury.
Appeal from District Court, Hughes County; John Caruthers, Judge.
John Foley was convicted of larceny, and he appeals. Affirmed.
John L Coffman and Warren & Miller, all of Holdenville, for plaintiff in error.
S. P Freeling, Atty. Gen., and R. McMillan, Asst. Atty. Gen., for the State.
Plaintiff in error was informed against, and by the verdict of a jury found guilty of stealing 1,350 pounds of seed cotton, of the value of $50, the personal property of one Bill Bean. On the 6th day of March, 1914, judgment was rendered, and in accordance with the verdict of the jury he was sentenced to imprisonment in the penitentiary for the term of one year. An appeal was taken by filing in this court on July 21, 1914, a petition in error with case-made.
The testimony on behalf of the state briefly stated was as follows: Bill Bean testified that about 1,400 pounds of seed cotton, of the value of $50, was stolen from his place about three miles from Holdenville; that he and the defendant, John Foley, lived about two miles apart; that he last saw the cotton in the field Sunday evening, discovered it was missing the next morning, and tracked the wagon to Holdenville, went to Foley's house with Marion Moore, and found no cotton there; that the stolen cotton was raised on red soil. W. M Dobson testified that he was at Bean's cotton pile early in the morning, and saw the tracks and followed them to Holdenville, arriving there at sunrise, and went to Aydelotte's gin, and there saw John Deer and the defendant, John Foley, unloading seed cotton. John Aydelotte testified that about 7 o'clock in the morning he bought some seed cotton from John Deer and paid him for it; that the defendant, John Foley, was present when he bought the cotton; that he could tell the kind of soil the cotton had been raised on, and that the cotton in question was raised on red sandy land; that he heard Foley say the cotton was his, and that Deer sold it for him, because Adams had a mortgage on it. Henry Showers testified that he lives between Bill Bean's place and town, and that the night of the theft, some time after midnight, he heard a wagon going towards town. Fred Sanders testified that he lived on the defendant Foley's place, and that at the time of the theft Foley had picked no cotton out of his own field for 30 days previous to the theft, and that on Foley's place it was a black soil. V. A. Gamble testified that he saw the defendant, Foley, the Sunday evening before the cotton was stolen, about 200 or 300 yards from where the cotton was...
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