Underwood v. State
| Decision Date | 18 December 1926 |
| Docket Number | A-5579. |
| Citation | 251 P. 507,36 Okla.Crim. 21 |
| Parties | UNDERWOOD v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
In order to convict under section 2113 of the Penal Code (Comp St. 1921), for "buying or receiving stolen property," it is essential to show that the property alleged to have been bought or received was in fact stolen and that the accused bought or received the stolen property knowing it to have been stolen; guilty knowledge being an essential ingredient of the offense.
The law prescribes no standard for the strength of corroborating evidence, and there is a failure to corroborate only if there is no evidence legitimately having that effect.
Evidence in a prosecution for receiving stolen property considered and held to be sufficient to sustain conviction.
Additional Syllabus by Editorial Staff.
Conviction can be reversed as not supported by evidence only if no substantial evidence tends to show guilt, or evidence is so insufficient that jury must have acted from partiality, passion, or prejudice.
Appeal from District Court, Carter County; Asa E. Walden, Judge.
Sid Underwood was convicted of receiving stolen property, and he appeals. Affirmed.
Sigler & Jackson, of Ardmore, for plaintiff in error.
George F. Short, Atty. Gen., and V. P. Crow, Asst. Atty. Gen., for the State.
The information in this case, filed in the district court of Carter county, March 26, 1924, charged that in said county, on or about the 22d day of January, 1924, the defendant, Sid Underwood, did buy and receive from one Eugene Durie one Ford roadster, knowing the same to have been stolen. On March 24, 1925, the trial was had, and the defendant was found "guilty of receiving stolen property as charged in the information," and his punishment fixed at confinement in the county jail for six months, and a fine of $250.
From the judgment rendered in pursuance of the verdict, he appeals, and assigns as error that the verdict is not sustained by sufficient evidence; the refusal of the court to give certain requested instructions, and the giving of others excepted to; and alleged improper remarks of the county attorney.
It is disclosed by the evidence that a Ford roadster was stolen from in front of the Broadway Baptist Church in Ardmore, Sunday night, January 20, 1924. Jack Hayes, the owner, testified that he had used it three weeks; that the car was recovered three weeks later in Sapulpa; that its reasonable value was $425.
Eugene Durie testified that he bought this car from Bernie Rogers, paying him $25 for it; that, after receiving the same, the motor numbers of the car were changed by "Candy" Renfro, and Renfro sold the car for him to defendant at Emmet Key's house in Ardmore on the night of January 22, 1924; that defendant gave Renfro a diamond ring and $50 for the car; that the value of the ring was set at $100; that he was present when the car was delivered to defendant, and heard Candy Renfro tell appellant that it was a wet car.
Carl Holden, deputy sheriff testified that on information he obtained from Eugene Durie the car was located in Sapulpa at the Frisco depot.
Dwight Bell, deputy sheriff, testified that he arrested defendant, and in a conversation with him defendant stated that one of the Key boys at his drug store said some boys had a car he could buy, and the next night he was out at Key's house they brought the car there, and he bought it for $250, and some one else was present; that later he said there was a diamond ring in the deal, and he paid the balance in cash; that these boys were to deliver the car at Tulsa; that he went on the train to Davis, and there the next day met the boys with the car, and rode with them from Davis to Norman or Purcell, and there left them; that he gave one of them $10 to take the car on to Tulsa and deliver it to the company defendant was working for.
For the defense Emmet Key testified that defendant was at the Key drug store, and that Candy Renfro was there and had the car with him; that they discussed the trade, and de...
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