(Syllabus.)

Larceny-Syllabus Adopted. This is a companion case of Cook v. State, 78 Okla. Cr. 258, 147 P.2d 171. The facts and the law are identical, and the syllabus in that case is adopted as the syllabus in this case.

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Appeal from District Court, Okfuskee County; Arthur Cochran, Judge.

Clifford Capshaw was convicted of grand larceny, and he appeals. Reversed and remanded.

Tellegen & Miskovsky, of Oklahoma City, Billingsley & Kennerly, of Wewoka, and David Tant, of Oklahoma City, for plaintiff in error.

Randell S. Cobb, Atty. Gen., E. J. Broaddus, Asst. Atty. Gen., and Roy P. Parham, Co. Atty., of Okemah, for defendant in error.

Page 267

BAREFOOT, J. Defendant, Clifford Capshaw, was charged with the crime of larceny in the district court of Okfuskee county, was tried, convicted, and sentenced to serve a term of two and one-half years in the State Penitentiary at McAlester, and has appealed.

This is a companion case of Cook v. State, 78 Okla. Cr. 258, 147 P.2d 171. The facts here are practically identical with the facts in that case. The same questions are presented in each case, and the cases have been jointly briefed.

For the reasons stated in the Cook case, the judgment and sentence of the district court of Okfuskee county is reversed, and the case remanded.

JONES, P. J., concurs. DOYLE, J., not participating.