Mayes v. State
| Decision Date | 09 September 1914 |
| Docket Number | A-1921. |
| Citation | 142 P. 1049,11 Okla.Crim. 61,1914 OK CR 123 |
| Parties | MAYES v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
The person or thief who steals property is not an accomplice of the person who receives the same stolen property knowing it to be stolen. The thief as well as the receiver of the stolen goods are each independent criminals guilty of separate and distinct offenses.
The test by which to determine whether one is an accomplice is to ascertain whether or not he could be indicted or informed against for the offense for which the accused is being tried.
In the prosecution of a person charged with receiving stolen goods knowing them to be stolen, the thief who stole the goods not being an accomplice, his testimony requires no corroboration under our statute.
Appeal from District Court, Beckham County; James R. Tolbert, Judge.
Ed Mayes was convicted of receiving stolen property, and appeals. Affirmed.
Hendrix & Tracy, of Sayre, and J. A. Minton, of Erick, for plaintiff in error.
Smith C. Matson and C.J. Davenport, Asst. Attys. Gen., for the State.
The plaintiff in error, Ed Mayes, was convicted at the October 1912, term of the district court of Beckham county on a charge of receiving stolen property, and his punishment fixed at imprisonment in the state penitentiary for a period of three years.
On behalf of the state, George Montgomery testified that he was 24 years old and was acquainted with Ed Mayes, the defendant had known him for several years; witness' home was and had been for five years in Gray county, Tex.; that he was acquainted with Carl Talley and J. W. Talley; that they live in Gray county, near Pampa Tex.; that witness is acquainted with Wallace Fletcher and had known him for several years; was acquainted with Wallace Fletcher on January 8, 1909; that in January, 1909, witness was working on the farm for Ed Wright; that he was acquainted with two brown horses owned by Carl Talley in Pampa, Tex., in January; that shortly after the 18th of January, 1909, he had a business transaction with Grover Till in Erick, Okl., in which he traded to Till a brown horse which he had gotten from Ed Mayes, the defendant; that the horse was brought to Oklahoma by witness and Wallace Fletcher; that witness and Wallace Fletcher got the horse about the 18th of January 1909, at Ed Wright's place, in Gray county, Tex.; that Hicks and Wallace Fletcher were there at that time; that they came to Ed Mayes' place in Beckham county, Okl., together; that witness took one horse and Wallace Fletcher took the other; that they arrived at Ed Mayes' place about 11 o'clock in the forenoon; that Mayes and his wife were present; that witness and Wallace Fletcher told Mayes that the horses were stolen; that Fletcher told Mayes he wanted to leave the horse he was riding with him; that the horse was a dark brown, weighing about 1,100 pounds, branded with a half circle "J" on the left shoulder; that witness took the horse he was riding back to Texas and told Ed Mayes he was doing this because the horse was a stolen horse; Wallace Fletcher had two horses with him; that he led one and rode one; that they reached Ed Mayes' place about 11 o'clock and went to the pasture across the creek from where Ed Mayes' house was; that they went to a chinnery patch and stayed there the rest of the day; did not have anything to eat that day; that they had breakfast and supper at Bob Moler's house, a brother-in-law of witness; that they stayed in the chinnery patch until late that day, and then Fletcher and witness went to Bob Moler's, and left the horse Fletcher rode in the chinnery patch in Mayes' corral; that they stayed at Bob Moler's until about 3 o'clock and started home; they went by another man's pasture and got a mare out of the stable and took her back; that Ed Mayes told them where that mare was; that the mare belonged to a man by the name of Staggs; that they took the mare to Ed Wright's place in Texas; that the other horse they took back and turned loose on the range five or six miles from Pampa, and then went to Ed Wright's place; that witness rode a horse which he had at the Fletcher boys' place; that witness then worked for Ed Wright a while, and came back to Oklahoma and went to Moler's place; that he saw Ed Mayes and had a conversation with him with reference to the horse; that Mayes told witness that he and others had bought the right to the horse, and, if he could find the horse, he was theirs; that Mayes wanted to trade the horse off; that this was about the 18th or 20th of February; that witness took the horse and traded him to Grover Till; that he got a bay horse in the trade and took him and turned him over to Ed Mayes, who was in Erick that day; that witness had a conversation with Mayes in town in which he (Mayes) pointed out Mr. Till on the street and showed witness the man and the horse, they were both on the street, and witness went over to Till and made the trade; that Ed Mayes paid witness $5 for making the trade; that the bay horse which witness got in the trade he rode back to Ed Mayes'; the next day Mayes sent back to Texas, by witness, $25 to the Fletchers and $25 to J. E. or Ed Wright; that witness gave Ed Wright a check for $25 drawn upon Thurmond's bank in Sayre; that the check was signed "C. P. Mayes"; that witness saw Ed Mayes sign the check; that Ed Mayes gave the check to witness to be delivered to Ed Wright; and that he delivered it. Witness was arrested in Texas in connection with the horses and was put in jail at Canadian, Tex.; that he was brought to Oklahoma by the sheriff and had a preliminary hearing; that after the preliminary hearing, witness told the officers about these transactions; that witness had never been prosecuted; that on the day before the trial he was in attendance at 9 o'clock in the court; that he had a conversation with Mayes down on the street in which Mayes asked witness to leave and not appear and appealed to witness' sympathy; that he told witness they could not prosecute him (witness) because the statute of limitation had run; that Mayes and witness talked about the matter, and witness decided to leave and did leave; that Bob Moler brought a ticket to witness; that no one was present during this conversation; that witness came back the night before the trial; that Ed Mayes received the horse in Beckham county; that the horse was stolen from Carl Talley. Wallace Fletcher told Ed Mayes, at the time the horse was left with him, that it was stolen and that it was not Fletcher's...
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