Flowers v State

Flowers v State
1915 OK CR 236
155 P. 904
12 Okl.Cr. 320
Case Number: No. A-2338
Decided: 09/08/1915
Oklahoma Court of Criminal Appeals

1. APPEAL Weight of Evidence.

2. INTOXICATING LIQUORS Prosecution Evidence Sufficiency.

Appeal from County Court, Stephens County; J.W. Marshall, Judge.

A.C. Flowers, convicted of a violation of the prohibitory law, appeals. Affirmed.

Womack & Brown, for plaintiff in error.

S.P. Freeling, Atty. Gen., and R. McMillan, Asst. Atty. Gen., for the State.

DOYLE, P.J. The plaintiff in error was convicted in the County Court of Stephens county on an information charging that he did sell, barter and give away four and one-half pints of intoxicating liquor to one, D.W. Riddles. Judgment was rendered on July 23, 1914, and he was sentenced to pay a fine of $500.00 and to be confined in the county jail for a period of ninety days. On September 17, 1914, he filed his petition in error and case-made with the clerk of this court.

The only question necessary to be considered is the sufficiency of the evidence to sustain the conviction. Mrs. M.E. Riddles testified that she was the wife of D.W. Riddles; that her husband was a consumptive, but sometimes was able to be up and about; that the defendant, Flowers, furnished him whisky several times

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and he sold it; that on the date charged, Flowers called at their house in Duncan, and went into the kitchen and there left four bottles of whiskey in the kitchen cabinet. The defendant, as a witness in his own behalf, denied that he ever carried any whiskey to Mrs. Riddles' house, and stated that he was never at her place but one time.