Mitchell v State

Mitchell v State
1916 OK CR 22
154 P. 1197
12 Okl.Cr. 275
Case Number: No. A-2407
Decided: 02/19/1916
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

1. APPEAL Verdict Evidence.

2. INTOXICATING LIQUORS Unlawful Possession Sufficiency of Evidence.

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

A.J. Mitchell, convicted of violating the prohibitory law, appeals. Affirmed.

J.I. Phelps, for plaintiff in error.

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

Page 276

PER CURIAM. The plaintiff in error was tried and convicted on an information charging the unlawful possession of intoxicating liquors, and was sentenced to pay a fine of fifty dollars and be confined in the county jail for thirty days. From that sentence and judgment he appeals.

The only noticeable assignment of error is that, "The evidence is not sufficient to justify or sustain the verdict of the jury."

The testimony of J.M. Carter, under-sheriff, and P.G. Rowe, deputy sheriff was in substance as follows:

That the defendant was the keeper of a restaurant at Union City, and in serving a search warrant the officers found sixty-three pint bottles of beer; part of it was in a refrigerator along with some soda-pop and other light drinks.

James Sanders, and Lacy Bennett testified to having bought beer from the defendant.

The defendant did not testify as a witness, but his wife testified that the beer was kept for the personal use of the family.