Court of Criminal Appeals of Oklahoma
398 P.2d 863 (Okla. Crim. App. 1964)
Charley Stanford stole a topcoat out of a car and called John Fletcher Booth (defendant), telling Booth that he had the coat Booth wanted and Booth could have it for $20. Stanford set up a meeting with Booth, but was soon after arrested when he was spotted wearing the coat. Stanford agreed to assist the police in apprehending Booth by not telling Booth about the arrest and meeting him in Stanford’s house as planned. The police hid in Stanford’s closet when Booth came over and after Stanford informed Booth that the coat was stolen, Booth said that that was fine and bought the coat. Soon after, the police arrested Booth and charged him with receipt of stolen property. The District Court of Oklahoma County found Booth not guilty of receipt of stolen property because where stolen goods have been recovered by the owner or police, they 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. However, the District Court of Oklahoma County did find Booth guilty of attempted receipt of stolen property. Booth appealed.
Rule of Law
Holding and Reasoning (Nix, J.)
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