Booth v. State

Court of Criminal Appeals of Oklahoma

398 P.2d 863 (Okla. Crim. App. 1964)

If stolen goods have been recovered by the owner or police, they are no longer considered stolen, and a person cannot be subsequently found guilty of receipt of stolen goods or attempted thereof.

Relevant Facts

Charley Stanford stole a coat out of a vehicle and called John Booth (the defendant). Stanford told the defendant that he had the coat the defendant wanted and that he could have it for $20. The two set up a meeting, but Stanford was arrested when he was spotted wearing the coat. Stanford agreed to assist the police in apprehending the defendant by not telling him about the arrest and to meet him in Stanford’s house, as planned. The police hid in Stanford’s closet. When the defendant came over and after Stanford informed him that the coat was stolen, the defendant said that that was fine and bought the coat. Soon after, the police arrested the defendant and charged him with receipt of stolen property. The District Court of Oklahoma County found the defendant not guilty of receipt of stolen property on the notion that stolen goods that have been recovered by the owner or police are no longer considered stolen. Therefore, when they are brought to a defendant with the intent of entrapping him, the defendant cannot be guilty of receipt of stolen goods. In any event, the District Court of Oklahoma County did find the defendant guilty of attempted receipt of stolen property. The defendant appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 3, 2020

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Procedural History

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Citations

398 P.2d 863 (Okla. Crim. App. 1964)