Court of Criminal Appeals of Oklahoma, 1932

Akins v. State

Akins v. State
Court of Criminal Appeals of Oklahoma · Decided August 16, 1932 · Edwards, Davenport, Chappell
13 P.2d 590; 54 Okla. Crim. 30; 1932 OK CR 142; 1932 Okla. Crim. App. LEXIS 139 (Pacific Reporter, Second Series)

Akins v. State

Opinion of the Court

EDWARDS, J.

The plaintiffs in error, hereinafter called defendants, were convicted in the district court of *31 Adair county of theft of domestic fowls, and their punishment fixed at two years in the state penitentiary.

Defendants were charged with the larceny of three hens from one Kelly. The evidence for the state is not overwhelming, but the testimony of defendants tends to strengthen it. Upon a consideration of the entire record, we are of the opinion the jury were fully warranted in finding defendants guilty, but, under the entire record, the punishment assessed is excessive, and justice requires a modification by reducing the judgment to a term of one year in the penitentiary. Tennison v. State, 32 Okla. Cr. 260, 240 Pac. 324.

As modified, the case is affirmed.

DAVENPORT, P. J., and CHAPPELL, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.