OUJI-CR 5-114


Concealing - Hiding or secreting to prevent discovery.

References: Brewer v. State, 554 P.2d 18 (Okl. Cr. 1976); Black's Law Dictionary at 261 (5th ed. 1979).

Embezzled - Obtained through embezzlement. Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.

Reference: 21 O.S. 1991, § 1451.

Feloniously Obtained - Obtained at the commission of a felony. Under the law [Name Crime] is a felony. Its elements are:

[List Elements for Applicable Crime]

Fraudulently Obtained - Obtained through false pretense. False pretense is the obtaining of title to property of another by false representation, which is known by the maker to be false, with the intent to defraud.

References: Hutton v. State, 494 P.2d 1246 (Okl. Cr. 1972); 21 O.S. 1991, §§ 1541.1, 1542.

Personal Property - Money, goods, chattels, effects, evidences of rights in action, and written instruments effecting a monetary obligation or right or title to property.

Reference: 21 O.S. 1991, § 103.

Receiving - Gaining possession of property through an exercise of dominion and control over the property, without regard to whether there is manual possession.

References: Hunsucker v. State, 475 P.2d 618 (Okl. Cr. 1970); McGee v. State, 60 Okl. Cr. 436, 65 P.2d 207 (1937); Price v. State, 9 Okl. Cr. 359, 131 P. 1102 (1913).

Stolen - Obtained through larceny. Larceny is the taking and carrying away of personal property of another by fraud or stealth, and with the intent to deprive permanently.

Reference: 21 O.S. 1991, § 1701.

Withholding - Keeping property from its owner or rightful possessor.

References: Smith v. State, 1977 OK CR 315, 573 P.2d 713; Black's Law Dictionary 1437 (5th ed. 1979).

With Intent to Deprive Permanently - Purpose to deny property to its rightful owner or possessor forever.

Reference: Hanlon v. State, 1968 OK CR 89, 441 P.2d 486.

(2000 Supp.)