Washington v State

Washington v State
1926 OK CR 190
245 P. 907
34 Okl.Cr. 198
Decided: 05/08/1926
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Evidence Insufficient to Sustain Conviction of Illegal Possession.

Appeal from County Court, Ottawa County; Wm. M. Thomas, Judge.

Charles Washington was convicted of having possession of whisky, and he appeals. Reversed and remanded, with instructions to dismiss.

F.R. Burns and E.G. Avery, for plaintiff in error.

Geo. F. Short, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ottawa county on a charge of having unlawful possession of two half pints of whisky, with intent to sell, and sentenced to serve six months in the county jail, and to pay a fine of $500.

The record discloses that a deputy sheriff, with a search warrant, went to the residence of the defendant, a two-room house in Douthat, occupied by the wife of the defendant, two small children, and his aged mother. The defendant was not at home, and copy of the search warrant was given the wife, and a search made. In the pocket of the coat two half pint bottles of whisky was found. There was also an empty jug and an empty fruit

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jar. The jar contained a small quantity of whisky, "probably about enough for one drink." The jury did not assess the punishment; the court imposed the maximum.