Mocabee v State

Mocabee v State
1916 OK CR 124
159 P. 944
12 Okl.Cr. 623
Case Number: No. A-2573
Decided: 09/16/1916
Oklahoma Court of Criminal Appeals

1. Evidence reviewed in a prosecution for unlawfully conveying intoxicating liquor and held sufficient to sustain the verdict and judgment of conviction.

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

Sherman Mocabee, convicted of a violation of the prohibitory law, appeals. Affirmed.

J.N. Roberson, for plaintiff in error.

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

PER CURIAM: The plaintiffs 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 a hundred dollars fine and sixty 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 co-defendants from the express office for them and denied any ownership therein. His co-defendants testified that they owned the beer and whisky and that it was a lawful purchase and was shipped to them from Ft. Worth, Texas.

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

Page 624

After a careful examination of the evidence in this case, we are not prepared to say that the jury were not warranted in finding the defendants guilty.