Ledgerwood v. State
| Decision Date | 20 June 1911 |
| Citation | 116 P. 202,6 Okla.Crim. 105,1911 OK CR 261 |
| Parties | LEDGERWOOD v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
For facts fully sustaining a conviction for grand larceny, see opinion.
Errors occurring during the trial cannot be considered by this court unless they were incorporated in the motion for a new trial and thereby submitted to the trial court, and its ruling thereon excepted to, and afterwards assigned for error in this court.
Appeal from Comanche County Court; J. R. Tolbert, Special Judge.
George D. Ledgerwood was convicted of grand larceny, and appeals. Affirmed.
Al Jennings, for appellant.
Smith C. Matson, Asst. Atty. Gen., and J. A. Fain, County Atty for the State.
This case was submitted on oral argument on behalf of the state and a brief on behalf of appellant. Only two questions are presented in the brief. Therefore the other assignments of error are waived.
First The first question presented in the brief challenges the sufficiency of the testimony to support the conviction. The first witness for the state was Dewitt Eddins. He testified That he was 20 years old, and that at the tune of the commission of this offense he lived north of Cornish, in the Indian Territory, and that he was a farmer by occupation. That about 4 or 5 o'clock on the afternoon of November 9 1907, he arrived in the city of Lawton, in the territory of Oklahoma. That he had been picking cotton over near Chattanooga, and that he was on his way to the home of his brother, A. A. Eddins, who lived five miles north of Hastings. That he reached Lawton on the Rock Island train, and got off at the depot, and began to look around for a place to put his suit case until the train would come that night. That he finally went into the Monarch saloon, and asked the bartender if he could leave his suit case there, and the bartender said, "Yes; put it behind the office." That he then went on the street, and hung around a window watching his suit case for a while, and then went to a barber shop and got a shave and hair cut. That about 7:30 he returned to the Monarch saloon and got his suit case and carried it to the depot. He then found the train was 40 minutes late; that he came back to the Monarch saloon. That he was around there three or four minutes, when a man whom he did not then know, but has since found out to be Bud Grimes, walked up and caught him by the arm, and said, "How much money have you got?" The witness first denied having any money. Grimes replied, The witness replied that he had about 50 cents. Grimes then said, "You have got more money than that, and you are under arrest for the crime you have done." Grimes further said, The witness then thought that he was under arrest, and went with Grimes into the Monarch saloon. The witness stopped, and Grimes said, "Come on, come on," and Grimes said that he hated to have witness under arrest, but that it was his duty, and further said that he would have to take witness in and search witness before he took him to jail, and that it was about one-half mile up to the courthouse, and Grimes took him into George Ledgerwood's saloon into a small room where he made the witness sit down. Grimes then walked to a door, and said, "Come here, Bob, here is a fellow we have got for the rape up close to Amarillo," and appellant then came back to where they were, and said, Grimes then had the witness sit down, and made the witness hold up his hands while he went through the pockets of the witness and took out $3.50 in silver and some change. Grimes then asked the witness if that was all the money he had, saying that, if he had more money, he would have to give it up; that, if he carried money with him to the jail, it would go much harder with him. That witness then told Grimes he had $15 more in his shoes. That Grimes told witness to take off his shoes, and give him the $15 referred to. That Grimes had everything written down on a large envelope he had taken from the witness. That witness then asked what they were going to do with his money. That the appellant then said: That after a while Grimes said that he was a marshal from Waurika, and that he had to go there that night. He therefore did not have time to take the witness to jail. That Ledgerwood then told the witness he would have to take him to jail. That witness objected to going to jail. That the appellant then called the witness out around the corner at the south door, and says, "I'll give you the money to get to where you want to go, and, if you want to get away from that man, you had better do so." Witness replied, "I have not done anything," and walked back into the room, and Grimes walked into the room, and says, "I have thought the matter over, and I guess I will have to take you to jail." The witness replied that he had four brothers and an old mother, and it would break her heart for him to be put in jail. That Grimes then asked the witness if he could make bond. Witness replied in the affirmative, and Grimes said it would have to be a $25,000 bond. That they sat there for some time. That witness and Grimes then went over to the depot. That Grimes said to the witness: "I don't want them to know you are under arrest, and I will give you the money to buy your ticket." Witness replied that he would not do so. That Grimes then informed the witness that the ticket office was closed, and they could pay their fare when they got on the train. That the witness then got his suit case, and Grimes then insisted on the witness taking $2. That witness entered the train in front of Grimes. That Grimes then placed witness in a seat in the car, and...
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