Mocabee v State

Mocabee v State
1916 OK CR 81
159 P. 944
12 Okl.Cr. 520
Case Number: No. A-2573
Decided: 09/20/1916
Oklahoma Court of Criminal Appeals

INTOXICATING LIQUORS. Offenses Evidence Sufficiency.

Appeal from County Court, Canadian County; R.B. Forrest, Judge.

Sherman Mocabee was convicted of a violation of the prohibition law, and appeals. Affirmed.

J.N. Roberson, of El Reno, for plaintiff in error.

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

PER CURIAM. The plaintiff in error, Sherman Mocabee, Amos Clark, and J. Turner were jointly charged with having unlawfully transported intoxicating liquor from one place in Canadian county to another place in said county, and upon their trial were found guilty, and the punishment of each defendant assessed at $100 fine and 60 days' confinement in the county jail. The plaintiff in error, Sherman Mocabee, alone appeals.

The proof on the part of the prosecution is that the three defendants, while driving along one of the streets of El Reno in a spring wagon loaded with a barrel of beer and two cases of whisky, were arrested by the sheriff; that the defendant Mocabee was in charge of and driving the team, and he said to the officer, "We haven't delivered it yet," and also stated that "the barrel of beer was his." As a witness in his own behalf he testified that he borrowed the team to haul the beer and whisky for his codefendants from the express office for them, and denied any ownership therein. His codefendants testified that they

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owned the beer and whisky, and that it was a lawful purchase, and was shipped to them from Fort Worth, Texas.

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