Stephens v State

Stephens v State
1915 OK CR 225
152 P. 1134
12 Okl.Cr. 168
Case Number: No. A-2410
Decided: 12/02/1915
Oklahoma Court of Criminal Appeals

1. INTOXICATING LIQUORS Illegal Sales Evidence.

2. APPEAL Verdict.

Appeal from County Court, Canadian County; W.H. Maurer, Judge.

M.B. Stephens, convicted of a violation of the prohibitory law, appeals. Affirmed.

I.H. Lookebaugh and J.N. Roberson, for plaintiff in error.

R. McMillan, Asst. Atty. Gen., for the State.

PER CURIAM. The plaintiff in error was tried, convicted and sentenced to be confined in the county jail for sixty days, and to pay a fine of one hundred dollars on an information charging that he did sell whisky to one Elmer Sweezy.

The only question presented is the sufficiency of the evidence to support the verdict.

Elmer Sweezy, a Cheyenne Indian, testified that the defendant sold him a bottle of whisky in the town of Calumet; that he paid him a dollar and a quarter for the whisky, and that he was arrested by W.M. Roscum, a deputy sheriff who took the bottle of whisky from him.

W.M. Roscum testified that he was a deputy sheriff and followed the defendant and Sweezy from a pool-hall to an out house, and heard the defendant say, "Dollar and a half," that he opened the door and Sweezy was putting the whisky into his pocket.