Abbildungen der Seite
PDF
EPUB

1412.

KIDNAPPING AND CHILD STEALING.

Kidnapping Defined.

1416. Kidnapping for Reward.

1418. Child Stealing.

1413. Selling Services of Colored Person. 1417. Venue.
1414. Removing Persons Held to Service.
1415. Officers Granting Process for Re-
moval.

1412. Kidnapping Defined-Any person who, without lawful authority, forcibly seizes and confines another, or inveigles or kidnaps another, with intent, either:

First. To cause such other person to be secretly confined or imprisoned in this State against his will; or,

Second. To cause such other person to be sent out of this State against his will; or,

Third. To cause such person to be sold as a slave, or in any way held to service against his will, is punishable by imprisonment in the penitentiary not exceeding ten years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve years, and that such consent was not extorted by threat, or by duress. (2374 R. L. 1910.)

1413. Selling Services of Colored Person-Any person who, within this State or elsewhere, sells or in any manner transfers, for any term, the services of labor of any black, mulatto, or other person of color, who has been forcibly taken or inveigled, or kidnapped from this State, is punishable by imprisonment in the penitentiary not exceeding ten years. (2375 R. L. 1910.)

1414. Removing Persons Held To Service Any person claiming that he or another is entitled to the service of a person alleged to be held to labor or service in a state or territory of the United States who, except as authorized by law, takes or removes or wilfully does any act tending toward removing from this State any such person, is guilty of a felony, punishable by imprisonment in the penitentiary not exceeding ten years, and by a penalty of five hundred dollars,

recoverable in a civil action by the party aggrieved. (2376 R. L. 1910.) .

1415. Officer Granting Process For Removal-Any judge or other public officer of this State who grants or issues any warrant, certificate or other process in any proceeding for the removal from this State of any person claimed as held to labor or service in a state or territory of the United States, except in pursuance of positive enactment, is guilty of a misdemeanor; and in addition to the punishment therefor prescribed by law, he forfeits five hundred dollars to the party aggrieved, recoverable in a civil action. (2377 R. L. 1910.)

1416. Kidnapping For Reward-Any person who, without lawful authority forcibly seizes and confines another, or inveigles or kidnaps another, for the purpose of extorting any money, property, or thing of value or advantage from the person so seized, confined, inveigled or kidnapped, or from any other person, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than ten years. (2378 R. L. 1910)

1417. Venue Any offense prohibited in the last section may be tried in the county in which the crime may have been committed or in any county through which the person so seized, confined, inveigled or kidnapped shall have been taken, carried or into which such person may be brought. (2379 R. L. 1910.)

1418. Child Stealing-Any person who maliciously, forcibly or fraudulently takes or entices away any child under the age of twelve years, with intent to detain and conceal such child from its parent, guardian or other person having the lawfu! charge of such child, is punishable by imprisonment in the penitentiary not exceeding ten years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. (2435 R. L. 1910.)

Jurisdiction, see sec. 494.

Right to resort to homicide to prevent act. Injunction as proper evidence. Foster v. State, 8 Okla. Cr. 139, 126 P. 835.

ARTICLE XLVII.

LARCENY-RECEIVING STOLEN PROPERTY-CON

CEALING STOLEN PROPERTY.

[blocks in formation]

1419. Larceny Defined-Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. (2652 R. L. 1910.)

Indictment, see sec. 403.

Unexplained recent possession of stolen property creates no presumption, but may be considered as a circumstance only. Douthitt et al. v. Terr,. 7 Okla. 55; Blair v. Terr., 15 Okla. 549; Slater v. U. S., 1 Okla. Cr. 275, 98 P. 110; Askew v. U. S., 2 Okla. Cr. 155, 101 P. 121; Pickering v. U. S., 2 Okla. Cr. 197, 101 P. 123; Cox v. Terr., 2 Okla. Cr. 668, 104 P. 378; Graham v. State, 12 Okla. Cr. 84, 152 P. 136; Shaw v. State, 13 Okla. Cr. 511, 165 P. 617; Cox v. State, 15 Okla. Cr. 133, 175 P. 264. Any explanation by defendant is admissible. Mitchell v. Terr.. 7 Okla. 527; Smith et al. v. Terr., 14 Okla. 518.

The question of intent is for the jury. Hughes v. Terr., 8 Okla. 28. State must prove that property was taken without consent of the owner. Filson v. Terr., 11 Okla. 351. But this need not be direct and positive. Campbell v. U. S., 1 Okla. Cr. 307, 97 P. 1052.

Reasonable market value of property is the proper criterion. Expert witness not required to establish market value. Filson v. Terr., 11 Okla. 351.

Admissible to show other acts of larceny when such tends to establish or explain the act charged. Beberstine v. Terr., 8 Okla. 467; Tudor v. State, 14 Okla. Cr. 67, 167 P. 341.

Information may be drawn under this section in connection with section 1424 and proof adduced under the terms of the latter. Berry et al. v. State, 4 Okla. Cr. 202.

Larceny committed on an Indian reservation is cognizable in the U. S. court. In re Ingram, 12 Okla. 54.

Under this section a deed to real estate is personal property. State v. McCray, 15 Okla. Cr. 374, 177 P. 127.

Where the charge of larceny is by fraud, the fraudulent acts need not be set out. The difference between larceny by fraud and embezzlement depends on the time when the intent of accused was formed. Bivens v. State, 6 Okla. Cr. 521, 120 P. 1033.

To constitute larceny by fraud there must be a fraudulent purpose to appropriate the property at the time it comes into the hands of accused. Ennis v. State, 13 Okla. Cr. 676, 167 P. 220

Water, when impounded, is the subject of larceny. Clark v. State, 14 Okla. Cr. 284, 170 P. 275.

Where property was not taken from the person of another, it must appear beyond a reasonable doubt that the value exceeded $20 to make it grand larceny. Camp v. State, 7 Okla. Cr. 531, 124 P. 331.

Property taken on different occasions constitutes different acts. Id. Improper to instruct on petit larceny where there is no evidence of such. Inklebarger v. State, 8 Okla. Cr. 316, 127 P. 707.

Immaterial whether property was taken from owner or another perState v. Clark, 8 Okla. Cr. 432, 128 P. 161.

son.

To constitute larceny by fraud the allegations must set out and the evidence must disclose the existence of a fraudulent purpose to appropriate the property,-otherwise it would be embezzlement. Ennis v. State, 13 Okla. Cr. 676, 167 P. 229.

1420. Degrees of Larceny-Larceny is divided into two degrees, the first of which is termed grand larceny, the second petit larceny. (2654 R. L. 1910)

1421. Grand and Petit Larceny Defined-Grand larceny is. larceny committed in either of the following cases:

First. When the property taken is of value exceeding twenty dollars;

Second. When such property, although not of value exceeding twenty dollars in value, is taken from the person of another.

Larceny in other cases is petit larceny. (2655 R. L. 1910.) 1422. Punishment for Grand Larceny-Grand larceny is punishable by imprisonment in the penitentiary not exceeding five years. (2656 R. L. 1910.)

1423. Punishment for Petit Larceny-Petit larceny shall be punishable by a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment in the county jail not to exceed thirty days, or by both such fine and imprisonment, at the discretion of the court. (2657 R. L. 1910.)

1424. Larceny of Lost Property-One who finds lost property under circumstances which give him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who

is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of larceny. (2653 R. L. 1910.)

Information. State v. Clark, 8 Okla. Cr. 433, 128 P. 161.

This section does not create or define a separate offense, but merely prescribes a rule of evidence. Berry et al. v. State, 4 Okla. Cr. 202.

1425. Grand Larceny in House or Vessel-When it appears upon a trial for grand larceny that the larceny alleged was committed in any dwelling house or vessel, the offender may be punished by imprisonment in the penitentiary not exceeding eight years. (2658 R. L. 1910)

1426. Larceny in Night Time From Person—When it appears upon a trial, that such larceny was committed by stealing in the night time, from the person of another, the offender may be punished by imprisonment in the penitentiary not exceeding ten years. (2659 R. L. 1910.)

1427. Larceny of Written Instrument-If the thing stolen consists of any evidence of debt or other written instrument, the amount of money due threon or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, as the case may be, shall be deemed the value of the thing stolen. (2660 R. L. 1910.)

This section does not define any material ingredient of larceny of written instrument-merely establishes a rule of evidence as to value. State v. McCray, 15 Okla. Cr. 374. 177 P. 127.

1428. Larceny of Passage Ticket-If the thing stolen is any ticket, or other paper or writing entitling or purporting to eneitle the holder or proprietor therecf to a passage upon any railroad, or in any vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance shall be deemed the value of such ticket. (2661 R. L. 1910.)

1429. Larceny of Securities-All the provisions of this article shall apply where the property taken is an instrument for the payment of money, evidence of debt, public security or passage ticket, completed and ready to be issued or delivered, though the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner. (2662 R. L. 1910.)

« ZurückWeiter »