Booth v. State case brief

Booth v. State case brief summary
398 P.2d 863 (Okla. Crim. App. 1964)

CASE SYNOPSIS

Defendant appealed from a judgment of the District Court of Oklahoma County (Oklahoma), which convicted him of the crime of attempting to receive stolen property.

CASE FACTS
Defendant was charged with the crime of receiving stolen property, but was convicted of attempt to receive stolen property.

DISCUSSION

• On appeal, the court reversed with direction that the action against defendant be dismissed. 
• The court noted that the alleged stolen property, a top coat, had already been recovered by the police prior to the alleged crime. 
• Thus, the top coat was no longer stolen property at the time it was delivered or transferred to defendant. 
• The court found that the law was clear that defendant could not have been convicted of receiving stolen property as the property had lost its character as stolen property. 
• The court held that if defendant could not be convicted of the substantive charge, because the coat had lost its character as stolen property; neither could he be convicted of an attempt because the coat was not in the category of stolen property at the time he received it.

CONCLUSION
The court reversed the judgment of the district court with instructions to dismiss the case.


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