(Syllabus.)

Larceny — Sentence for Theft of Three Domestic Fowls Held Excessive and Reduced. A conviction for larceny under section 2276, St. 1931, for the theft of three domestic fowls; held, under the facts disclosed by the record, that a penalty of two years' imprisonment is excessive and should be reduced to one year.

Appeal from District Court, Adair County; W.A. Woodruff, Judge.

Dow Akins and John Scott were convicted of the larceny of domestic fowls, and they appeal. Judgment modified, and, as modified, affirmed.

R.Y. Nance, for plaintiffs in error.

J. Berry King, Atty. Gen., and Gus Rinehart, Asst. Atty. Gen., for the State.

EDWARDS, J. The plaintiffs in error, hereinafter called defendants, were convicted in the district court of

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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 P. 324.

As modified, the case is affirmed.

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