Wilson v State

Wilson v State
1927 OK CR 180
257 P. 1117
37 Okl.Cr. 309
Decided: 07/19/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Evidence Supporting Conviction for Possession.

Appeal from County Court, Carter County; A.J. Hardy, Judge.

Billy Wilson and Ben Sheafor were convicted of the unlawful possession of intoxicating liquor, and they appeal. Affirmed.

Matson & Mathers, for plaintiff in error.

Page 310

The Attorney General, for the State.

DOYLE, P.J. The plaintiffs in error were tried and convicted on an information charging that in Carter county, February 18, 1925, they did have in their possession 14 three ounce bottles of whisky, with the unlawful intention of selling the same. On their trial the jury returned verdicts finding them guilty as charged, and fixing the punishment of each at a fine of $75, and imprisonment in the county jail for 30 days. From the judgments rendered on the verdicts they appeal.

The errors assigned relate to rulings of the court in the admission of evidence, and question the sufficiency of the evidence to sustain the convictions.

The evidence shows that officers executing a search warrant issued against a drug store in the town of Rexroat, operated by the defendants, and the residence of the defendant Sheafor, adjoining such drug store, found 15 three-ounce bottles containing corn whisky, in a garage attached to the drug store. The defendants were both present at the time. The defendants did not testify.