Sadler v. State

• Decision Date: 02 April 1947
• Docket Number: A-10630.
• Citation: 179 P.2d 479,84 Okla.Crim. 97
• Parties: SADLER v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

179 P.2d 479

84 Okla.Crim. 97

SADLER v. STATE.

No. A-10630.

Court of Criminal Appeals of Oklahoma

April 2, 1947

Appeal from District Court, Blaine County; Henry W. Hoel, Judge.

Jack Sadler was convicted of grand larceny, and he appeals.

Affirmed.

Syllabus by the Court.

1. Where there is competent evidence in the record from which the jury could reasonably conclude that defendant was guilty as charged, Criminal Court of Appeals will not interfere with verdict even though there is a sharp conflict in the evidence and different inferences may be drawn therefrom since it is the exclusive province of the jury to weigh the evidence and determine the facts.

2. In prosecution for theft of gun in 1944, jury had the right to consider whether alleged stolen gun had increased in value from its original cost in 1942 because of a general price increase occasioned by war.

3. Conflicting evidence as to value of gun allegedly stolen by the defendant presented issue for determination of jury.

R. H Morgan, of Watonga, for plaintiff in error.

Mac Q Williamson, Atty. Gen., and Owen J. Watts, Asst. Atty. Gen for defendant in error.

JONES Judge.

The defendant, Jack Sadler was charged by information filed in the District Court of Blaine County with the crime of Grand Larceny, was tried, convicted and sentenced to serve one year in the State Penitentiary and has appealed.

The information charged the defendant with the theft of an automatic .22 Winchester rifle on March 6, 1944, from one George Swayden.

Counsel for defendant presented two assignments of error 1. The evidence is insufficient to show that the crime of larceny has been committed.

2. If the crime of larceny had been committed, it only amounted to petit larceny. These assignments of error will be considered together.

George Swayden testified that he was engaged in the general merchandising business in the town of Longdale, Oklahoma. That he lived in a room in the back of his store building. The gun in question belonged to his son, Kelly Swayden, who was in the Army and it was kept hanging on a peg with three other guns in the room where the witness lived. That his daughter, Louise Swayden, had charge of the management of the store, that on the night of March 6, 1944, his daughter left the store building to go to a basketball game, that witness was acquainted with defendant, that defendant came into the store a few minutes after his daughter had gone and stayed about 25 or 30 minutes, that defendant gave him a drink or two of whiskey while he was there. The next morning he noticed that the .22 rifle was missing and immediately notified the Sheriff. He did not give any one permission to take the rifle and it was taken without his knowledge or consent. A few days after that the Sheriff brought a gun to him which he identified as the one which had been stolen. On cross-examination, the witness denied having sold the gun and 100 pounds of sugar to the defendant for $25.

Louise Swayden testified that at the time her brother went into the Army, he left the automatic rifle with her father and it was kept in the back of the store in her father's room, that the gun was hanging on a peg in the room on March 6, but that the next morning, March 7, 1944, it was missing.

W. W. Mitchell testified that he had been the proprietor of a hardware and sporting goods store for about seven years. That in 1942, he sold a .22 Winchester automatic, model 74 gun, to Kelly Swayden. The witness testified that he had had eight years experience in buying and selling used guns and that he was familiar with the fair market value of guns and rifles on March 6, 1944. The witness testified that he was acquainted with the condition of the rifle in question on March 6, 1944. That it was in good shape and that in his opinion, it would easily bring on the market the sum of $25. That he made an effort to buy the gun from George Swayden shortly before it was taken from the store but was refused. On cross-examination, the witness identified an exhibit as the sales price list of the Winchester Arms Company and stated that the minimum retail price according to the list for a gun similar to the one involved was $18.45. That the sum of $18.45 was the minimum price fixed by the Fair Trade Act, 78 O.S. 1941 § 41 et seq., but that there was no ceiling price that could be charged. That the catalog price as shown was for the year 1941, but that no new guns were furnished to dealers after 1942. The witness was shown a catalog of Shapleigh's Hardware Company and he identified a similar rifle with the description set forth in the catalog which showed the retail price at $29.10 for 1942. On redirect examination, the witness testified that a second hand gun in good condition, on March 6, 1944, would bring more money than a new gun because there was no ceiling price on used guns.

Raymond Bell, a colored man, who was engaged in business in Watonga, testified that the defendant brought a rifle to him on the last Sunday in August, 1944. That he gave the defendant $10 for the gun with the agreement that the defendant could pay him $12.50 on the first of the next month and take back the rifle. That Sheriff Scott saw the gun in his place of business a few days after he had obtained it from defendant and the witness informed the Sheriff where he had obtained the rifle.

R. C. Scott testified that he was the Sheriff of Blaine County. That on March 7, 1944, he was informed by George Swayden that a Winchester automatic rifle had been...