Smart v State

Smart v State
1920 OK CR 107
190 P. 269
17 Okl.Cr. 720
Decided: 05/22/1920
Oklahoma Court of Criminal Appeals

Appeal from County Court, Rogers County; Edward Jordan, Judge.

E.L. Smart was convicted of unlawfully conveying intoxicating liquors, and he appeals. Affirmed.

Jennings & Hall, for plaintiff in error.

S.P. Freeling, Atty. Gen., and W.C. Hall, Asst. Atty. Gen., for the State.

PER CURIAM. This is an appeal from the county court of Rogers county, Okla., wherein the defendant was convicted of unlawfully conveying certain intoxicating liquors, to wit, 108 quarts of whisky and 20 gallons of alcohol, from one place within said county to another place therein, and his punishment fixed at imprisonment in the county jail for a period of 60 days, and to pay a fine of $100. It is first alleged that there is a material variance between the allegations in the information as to the particular points from which and to which the said intoxicating liquors were alleged to have been conveyed and the proof adduced upon the trial as to such points. The information alleged certain points of intersection of certain sections of land in said Rogers county as the points from which and to which said conveyance was made, and the evidence in the record discloses that the prosecuting witness was at first somewhat confused as to the section numbers, but later in his examination, whatever confusion at first arose in his mind was cleared up, and there is evidence in the record supporting the allegations contained in the information as to the particular points from which and to which the said intoxicating liquors were conveyed by the defendant, and the jury was authorized to reasonably conclude from such evidence that such points were the identical points charged in the information.

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