Roden v State

Roden v State
1927 OK CR 85
253 P. 1033
36 Okl.Cr. 304
Decided: 03/18/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Evidence Supporting Conviction for Possession.

Appeal from County Court, McCurtain County; T.G. Carr, Judge.

J.W. Roden was convicted of unlawful possession of intoxicating liquor, and he appealed. Affirmed.

Wm. A. Tidwell and McLendon & McLendon, for plaintiff in error.

Edwin Dabney, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

DOYLE, P.J. This is an appeal from a judgment of conviction, rendered by the verdict of a jury, finding the defendant, J.W. Roden, guilty on a charge that he did have in his possession about twelve gallons of whisky, with the unlawful intent to violate the prohibitory laws, and fixing his punishment at imprisonment in the county jail for 90 days and a fine of $500.

It is contended in this court that the verdict is not sustained by sufficient evidence, and that the punishment imposed is excessive.

The evidence on the part of the state is to the effect that S.R. Bryant, deputy sheriff, together with three other men, visited the home of the defendant near Red Lake, and with the defendant's permission searched the premises, finding a ten-gallon keg of whisky and

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six or seven grape juice bottles containing whisky in the smokehouse.

The defendant did not testify.