Lasater v. State, F-84-628
| Decision Date | 16 March 1987 |
| Docket Number | No. F-84-628,F-84-628 |
| Citation | 734 P.2d 317 |
| Parties | Kevin LASATER, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
The appellant, Kevin Lasater, was tried by jury and convicted on two counts of Larceny of Domestic Animals, in Muskogee County District Court, Case No. CRF-82-18. Punishment was assessed respectively at five (5) and three (3) years imprisonment. We affirm.
The evidence presented at trial showed that the appellant and his codefendant, Ted V. Williams, stole seven cows owned by Albert Borum from a pasture owned by the Warner-Borum-Warner ranch. They also stole two cows owned by Ollie Orman from an adjoining pasture which was owned by Warner-Borum-Warner, but leased to Mr. Orman. The two pastures were divided by a fence. The nine cows were all taken the same night.
In his first assignment of error, appellant alleges that hearsay testimony relating to the contents of sheriff's records was improperly admitted by the trial court. Insofar as the appellant failed to object to the allegedly improper testimony by Deputy Smith, this issue has not been properly preserved for review on appeal. See 12 O.S. 1981, § 2104(A)(1).
In his second assignment of error, appellant claims that he was improperly charged with two counts of Larceny of Domestic Animals. He asserts that both alleged offenses occurred at the same time and place, and thus constituted a single offense. Appellant and his codefendant were charged with two counts of Larceny of Domestic Animals under 21 O.S. 1981, § 1716, which provides in pertinent part:
Any person in this state who shall steal any horse, jackass, jennet, mule, cow, or hog, shall be guilty of a felony ... The word 'horse' as used in this act, shall include all animals of the equine species and the word 'cow' shall include all animals of bovine species.
The word "steal" as used in Section 1716 includes all the elements of larceny as that offense existed at common law. Stanley v. State, 61 Okl.Cr. 382, 69 P.2d 398 (1937) (court syllabus). At common law, these elements included the taking and carrying away of the property of another with the felonious intent to deprive him thereof, and to appropriate the same to one's own use. Sherfield v. State, 96 Okl.Cr. 223, 252 P.2d 165, 169 (1952). The phrase "property of another" is defined as "one who has lawful possession as against the rights of a taker, without regard to ownership." See OUJI-Criminal, No. 598 (1981); Davidson v. State, 330 P.2d 607 (Okl.Cr.1958). The trial court properly instructed the jury that the elements of the crime of Larceny of Domestic Animals were as follows: (1) trespassory, (2) taking, (3) carrying away, (4) domestic animals, (5) of another, (6) with the...
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...place and fowls of another person from another place, 200 yards away, on same night within a short period of time); Lasater v. State, 734 P.2d 317, 318 (Okla.Crim.App.1987) (separate larcenies when defendant stole cows belonging to two different owners from two adjoining pastures separated ......
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State v. Cooper
...in Section 1716 includes all the elements of larceny as that offense existed at common law. " Lasater v. State , 1987 OK CR 46, ¶ 5, 734 P.2d 317, 318 (emphasis added). Thus, "stealing, as here defined, is the wrongful or fraudulent taking and removing of personal property, by trespass, wit......
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Williams v. State
...be suspended, but served consecutively with the sentence in count one. We affirm. The facts of this case are set forth in Lasater v. State, 734 P.2d 317 (Okl.Cr.1987), wherein this Court affirmed the conviction of the codefendant who was also sentenced to five (5) years on count one and a t......