1430. Larceny of Severed Fixture-Any fixture or part of realty, the instant it is severed from the realty becomes personal property, and the subject of larceny within, the meaning of this article. (2663 R. L. 1910.)

1431. Fraudulent Consumption of Gas-Any person who, with intent to defraud, makes or causes to be made, any pipe or other instrument or contrivance, and connects the same, or causes it to be connected, with any pipe laid for conducting, illuminating gas, so as to conduct gas to a point where the same may be consumed without its passing through the meter provided for registering the quantity consumed, or in any other manner so as to evade paying therefor, and every person who with like intent injures or alters any gas meter, or obstructs its action, is guilty of a misdemeanor. (2665 R. L. 1910.)

1432. Receiving Stolen Property-Any person who buys or receives in any manner, upon any consideration, any personal property of any value whatsoever, that has been stolen from any other, knowing the same to have been stolen, is punishable by imprisonment in the penitentiary not exceeding five years, or in the county jail not exceeding six months, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. (2664 R. L. 1910.)

State must prove beyond reasonable doubt that accused knew that goods were stolen. Mullins v. State, 15 Okla. Cr. 347, 176 P. 765.

Evidence must show criminal intent of accused to aid the thief, or to obtain some reward for restoration of property to owner, or in some manner to derive a benefit therefrom. Pickering v. U. S., 2 Okla. Cr. 197, 101 P. 123.

Name of the party from whom goods received must be alleged. If name be unknown that fact must be alleged. Hartgraves v. State, 5 Okla. Cr. 266, 114 P. 343.

Information need not allege the facts constituting the larceny of the property. McGill v. State, 6 Okla. Cr. 512, 120 P. 297.

It is sufficient

Manual possession of stolen property not necessary. if received by an authorized agent. Conviction may be had where circumstances are such as would lead accused to believe that property was stolen. Information approved. Price v. State, 9 Okla. Cr. 359,

131 P. 1102.

On trial for larceny if accused be convicted of receiving stolen property, such is a bar to another prosecution on a charge of larceny. Ex parte Harris, 8 Okla. Cr. 397, 128 P. 156.

One who steals property is not an accomplice of the one who receives same. Each are guilty of separate offenses. Mayes v. State, 11 Okl. Cr. 61, 142 P. 1049.

1433. Bringing Stolen Property Into State-Any person who steals the property of another in any other State or country, and brings the same into this State may be convicted and punished in the same manner as if such larceny had been committed in this State; and such larceny may be charged to have been committed in any town or city into or through which such stolen property has been brought. (2666 R. L. 1910.)

Jurisdiction in, see section 496.

The stealing of property in another state and bringing same into this state is larceny in this state. One who steals property is in commission of the offense so long as he is in possession of it. Barclay et al. v. U. S.. 11 Okla. 503.

1434. Taking Saw Logs-Any person who shall wilfully and without authority take any saw logs that may be on any river or on the land adjoining or near a river, which may have floated down said river, or onto said land, and shall remove or attempt to remove the same, or who shall cut or split such logs or otherwise destroy or injure them, shall be deemed guilty of a misdemeanor, and upon conviction, where the value of the logs exceed one hundred dollars, be punished by imprisonment in the county jail not more than one year nor less than three months, and by fine not to exceed one hundred and not less than ten dollars; and where the value of the logs is one hundred dollars or less, the punishment shall be by a fine not exceeding eighty and not less than twenty dollars. (2752 R. L. 1910.)

1435. Receiving Stolen Logs-Any person who shall purchase, receive or secrete saw logs so taken or removed, or who shall cut or otherwise injure logs so taken or removed, knowing them to have been so taken or removed, shall be punished as prescribed in the preceding section. (2753 R. L. 1910.)

1436. Concealing Estray or Lost Goods-Any person who shall attempt to conceal any estray, or any lost goods, found or taken up by him, or shall efface any marks or brands thereon, or carry the same beyond the limits of the State, or knowingly permit the same to be done, or shall wilfully fail to cause the same to be advertised, sold or otherwise dealt with as provided by the statute on estray and lost goods, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding one hundred dollars, nor less than ten dollars, one-half to be paid to the informer and the other half into the county treasury. (2754 R. L. 1910.)

1437. Larceny of Domestic Animals-Any person in this state who shall steal any horse, shall be guilty of a felony and upon conviction shall be punished by confinement in the state penitentiary for a term of not less than five years nor more than ten years; and any person in this state who shall steal any cow, or hog shall be guilty of a felony and upon conviction shall be punished by confinement in the state penitentiary for a term of not less than two (2) years, nor more than ten years. The word "horse" as used in this act, shall include all animals of the equine species, and the word cow shall include all animals of bovine species. (S. L. 1911, 202.)

Stealing domestic animals is felony without regard to value. It is a separate offense from grand larceny, but a verdict of "grand larceny" is not fatal-same will be corrected by appellate court. Crowell v. State, 6 Okla. Cr. 148, 117 P. 883.

Distinction between "grand larceny" and "stealing domestic animals." Crowell v. State, 6 Okla. Cr. 148, 117 P. 883; Bryand v. State, 11 Okla. Cr. 180, 144 P. 393.

See proper instruction where defendant testifies that he thought property was his. Johnson v. U. S., 2 Okla. Cr. 16, 99 P. 1022.

Conviction of larceny of domestic animals by fraud may be had under section 1419. Glaze v. State, 13 Okla. Cr. 431, 165 P. 211.

In larceny of domestic animals, the corpus delicti may be shown by circumstances. Brown v. State, 13 Okla. Cr. 111, 162 P. 449.

Where accused helped to drive animals away and received part of the proceeds, he is guilty of larceny. Brown v. State, 7 Okla. Cr. 678, 126 P. 263.

Admissible to show that other animals were taken at the same time from the same premises. Starr v. State, 7 Okla. Cr. 574, 124 P. 1104.

Where the evidence tends to show that accused's possession was by purchase from a person other than the owner, state may show his contemporaneous possession of other stolen property at the same time. Davis v. State, 7 Okla. Cr. 322, 123 P. 560.

Variance between the allegation and the proof as to the number of animals stolen, is immaterial. Chappellear v. State, 10 Okla. Cr. 392.

136 P. 978.

Admissible to show defendant in control of premises from which animals were taken one year before theft. Jones v. State, 10 Okla. Cr. 216, 136 P. 182, 137 P. 121.

Want of owner's consent to take property is an essential element. Case v. State, 10 Okla. Cr. 502, 139 P. 322; Bryan v. State, 11 Okla. Cr. 180,144 P. 393.

Adoption of the R. L. 1910 (in 1913) did not repeal ch. 39, S. L. 1911 (sec. 1437 herein). Collins v. State, 11 Okla. Cr. 196, 144 P. 806.

1438. Stealing Chickens-Every person who shall take, steal and carry away any domestic fowl or fowls in the night time, from the messuage of another, or from the premises upon which the dwelling house of another is situated, and any per

son purchasing or receiving such domestic fowl or fowls, knowing them to have been stolen, shall be guilty of grand larceny, regardless of the value thereof, and upon conviction shall be punished by imprisonment in the penitentiary not exceeding five years, or by fine not exceeding two hundred dollars, or by confinement in the county jail not exceeding two months, or by both such fine and imprisonment. (S. L. 1915, 88.)

1439. Larceny of Motor Vehicle-Any person in this State who shall steal an automobile or other automotive driven vehicle shall be guilty of a felony, and upon conviction shall be punished by confinement in the state penitentiary for a term of not less than five (5) years, nor more than twenty (20) years. (S. L. 1919, 155.)

1440. Working Day for Employees-Eight hours shall constitute a day's work for all laborers, workmen, mechanics, prison guards, janitors of public institutions, or other persons now employed or who may hereafter be employed by or on behalf of the State, or by or on behalf of any county, city, township or municipality, except in cases of extraordinary emergency which may arise in time of war, or in cases where it may be necessary to work more than eight hours per calendar day for the protection of property or human life: Provided, that in all such cases the laborers, workmen, mechanics or other persons so employed and working to exceed eight hours per calendar day shall be paid on the basis of eight hours constituting a day's work; Provided, further, that not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen, mechanics, prison guards, janitors in public institutions, or other persons so employed by or on behalf of the State, or any county, city, township, or other municipality, and laborers, workmen, mechanics, or other persons employed by contractors or subcontractors in the execution of any contract or contracts with the State, or with any county, city, township, or other municipality thereof, shall be deemed employed by or on behalf of the State, or of such county, city, township, or other municipality. (3757 R. L. 1910.)