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443 P.2d 455

Dorrough v. State

Court of Criminal Appeals of Oklahoma · decided 1968-07-03

Cited by 2 later decisions — most recently April 1974

2 state decisions

Relies on 7 Okla. Crim. 531 - Camp v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1968-07-03

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¶1MEMORANDUM OPINION

NIX, Presiding Judge:

¶2Jimmy Dorrough was convicted of Grand Larceny in the District Court of Custer County. The charge arose out of taking various automobile parts from a W. C. Wells, Jr., whose hobby was rebuilding old cars. It is conceded that the parts were taken on at least three different occasions.

¶3Mr. Atwood, a salvage dealer, testified that the two tires and rims taken were worth $5.00, and all the junk, (together) taken was worth $12.00. The prosecuting witness testified that all of the items taken on the three or more occasions had a value of $75.00. This is all the evidence the* State produced to bring the alleged theft under the category of Grand Larceny, or a total of items valued in excess of $20.00.

¶4This Court, in Johnson v. State, Okl.Cr., 314 P.2d 366, held the law to be:

“Where property was taken on a number of different occasions, each taking constituted a separate and distinct offense, and a person cannot be convicted of grand larceny upon proof that the value of the entire property taken on such different occasions exceeded $20 in value.” See, also, Camp v. State, 7 Okl.Cr. 531, 124 P. 331.

¶5This appears to be the law in Oklahoma. The Attorney General, in his brief, concedes this is the present law, and is decisive of this appeal.

¶6It is, therefore, the order of this Court that the evidence is not sufficient to support the charge of Grand Larceny, and that the cause be Reversed and Remanded with Instructions to Dismiss.

BUSSEY and BRETT, JJ., concur.
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