Brief Fact Summary. The Appellant, Moses Alvin Ellis (the “Appellant”), was convicted of Larceny of Domestic Animals in the District Court of Kiowa County, Oklahoma, and sentenced to three years in prison. The Appellant argues that the evidence was insufficient to sustain the verdict and the trial court erred in not instructing the jury to acquit him.
Synopsis of Rule of Law. A jury verdict, based on competent evidence, will not be disturbed on appeal.
Issue. Was the evidence insufficient to sustain the guilty verdict?
Held. Judge Bussey issued the opinion for the Oklahoma Court of Criminal Appeals in holding that the judgment and sentence are affirmed.
Concurrence. Judge Brett and Judge Cornish concurred, but did not issue separate opinions.
Discussion. While the evidence to convict in this case was circumstantial, and there appeared to be a conflict in the testimony, the jury is charged with weighing testimony in order to find the truth. The verdict will not be disturbed on appeal when, as in this case, there is competent evidence to sustain the verdict.