Cook v State

Cook v State
1916 OK CR 34
156 P. 233
12 Okl.Cr. 325
Case Number: No. A-2532
Decided: 05/20/1916
Oklahoma Court of Criminal Appeals

1. APPEAL Verdict Evidence.

2. INTOXICATING LIQUORS Sufficiency of Evidence.

Appeal from County Court, Garfield County; E.L. Swigert, Judge.

Walt Cook, convicted of a violation of the prohibitory law, appeals. Affirmed.

H.J. Sturgis and W.O. Cromwell, for plaintiff in error.

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

PER CURIAM. The plaintiff in error Walt Cook, was tried and convicted in the County Court of Garfield county on an information charging that he did have in his possession seven quarts of whisky and about one-third of a barrel of beer with the intention of selling the same. On the 29th day of April, 1915, the court rendered judgment and he was sentenced to be confined in the county jail for one hundred and twenty days and to pay a fine of three hundred dollars and the costs amounting to thirty-one dollars and fifteen cents.

From the judgment he has appealed.

The errors assigned are in effect that the verdict is contrary to the law and the evidence; that the court erred in its instructions to the jury.

Page 326

The evidence on the part of the state is in substance as follows: W.R. Arnold, chief of police of the city of Enid testified that on the day alleged in the information he served a search warrant on the defendant's place of business, 209 South Grand avenue, Enid, and found twelve pints of whisky and about a third of a barrel of beer in the basement below the store room, which he seized and turned over to the sheriff. That he also found three barrels of empty beer bottles.

Ed Davis, deputy sheriff testified that he was with the witness Arnold when they found the whisky and beer.

There was no testimony offered on the part of the defendant.