Hardesty v. State

1 Plaintiff in error, J.W. Hardesty, defendant below, was charged by indictment on November 3rd, 1953, in the District Court of Tulsa County, Oklahoma, for the crime of conspiracy to commit offenses against the State of Oklahoma, 21 O.S. 1951 ?? 421 [21-421] and 424, to-wit: to cheat and defraud the State of Oklahoma, by doing acts defined as unlawful, under the provisions of 21 O.S. 1951 ?? 341 [21-341] and 343, to which should have been added in the indictment, 62 O.S. 1951 ? 303 [62-303], and 69 O.S. 1951 ?? 324 [69-324] and 327, prohibiting and penalizing County Commissioners direct, or indirect, interest in any contract for construction, or improvement, of roads, etc. The conspiracy was allegedly entered into on or about the 15th day of July, 1949, by and between J.W. Hardesty, defendant, County Commissioner of Tulsa County, District No. 1, John L. Baker, and Mrs. John L. Baker, doing business as Baker Auto Salvage and/or Baker Transport Company, and one Dale Bryson, successor to the Bakers in the operations herein involved and, whom, it is alleged joined said conspiracy and adopted its objects and purposes, and continued its operations with the defendant, Hardesty. The defendant, Hardesty, was tried by a jury, and convicted; the jury being unable to agree on the punishment, the same was left to the trial court, who assessed a penalty of 18 months in the State Penitentiary, and a fine of $6,500. Judgment and sentence was entered accordingly, from which this appeal has been perfected.