Williams v. State

• Citation: 150 P. 90,11 Okla.Crim. 628,1915 OK CR 69
• Decision Date: 17 July 1915
• Docket Number: A-2288.
• Parties: WILLIAMS v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

150 P. 90

11 Okla.Crim. 628, 1915 OK CR 69

WILLIAMS v. STATE.

No. A-2288.

Court of Criminal Appeals of Oklahoma

July 17, 1915

Syllabus by the Court.

An information which fails to conform to the statute by setting forth sufficient facts to charge the commission of an offense is fatally defective, and cannot be made the basis of a judgment of conviction.

An information which intends to charge larceny should conform to section 2652, Revised Laws 1910, or section 1, c. 92, Session Laws 1911, as construed by this court in Crowell v State, 6 Okl. Cr. 154, 117 P. 883, Hughes v Territory, 8 Okl. 28, 56 P. 708, and Bryan v State, 11 Okl. Cr. 180, 144 P. 392.

Appeal from District Court, Sequoyah County; John H. Pitchford Judge.

George C. Williams was convicted of larceny, and appeals. Reversed.

T. F. Shackelford, of Sallisaw, and W. J. Crump, of Muskogee, for plaintiff in error.

R. McMillan, Asst. Atty. Gen., for the State.

ARMSTRONG J.

George C. Williams, the plaintiff in error, was convicted at the December, 1913, term of the district court of Sequoyah county on a charge of larceny, and his punishment fixed at imprisonment in the state penitentiary for a term of one year.

The appeal was filed in this court on the 8th day of June, 1914. On the 19th day of May, 1915, the Attorney General filed a confession in error in this action, conceding that the judgment of the trial court should be reversed for the reason that the information fails to plead facts sufficient to charge a crime under the law of this state, in that:

"It fails to comply with either the general statute (section 2652) or the special statute (chapter 92, § 1, Session Laws 1911) as these statutes have been construed in Hughes v. Territory, 8 Okl. 28 , Crowell v. State, 6 Okl. Cr. 154 , and Bryan v. State, 11 Okl. Cr. 180, 144 P. 392.

The information is as follows:

"Now comes the duly qualified and acting county attorney in and for Sequoyah county, state of Oklahoma, and gives the district court of Sequoyah county, state of Oklahoma, to know and be informed that G. W. Williams and Frank Wimberly did, in Sequoyah county, in the state of Oklahoma, on or about the 17th day of November, in the year of our Lord one thousand nine hundred and thirteen and anterior to the presentment hereof, commit the crime of a felony, to wit, cow larceny, in the manner and form as follows, to wit, that is to say: The said G. W. Williams and Frank Wimberly in the county and state aforesaid and on or about the 17th day of November, 1913, did by stealth and fraud take, steal, and

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