Henderson v State

Henderson v State
1927 OK CR 243
258 P. 1073
38 Okl.Cr. 44
Decided: 08/24/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Evidence Held to Sustain Conviction for Possession of Still.

Appeal from the County Court, Kay County; J.L. Roberson, Judge.

Walter Henderson was convicted of the possession of a whisky still, and he appeals. Affirmed.

H.S. Hines, for plaintiff in error.

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

DOYLE, P.J. Appellant, Walter Henderson, was convicted on a charge that in Kay county, July 15, 1925, he did unlawfully have in his possession one whisky still, capable of being used to manufacture intoxicating liquor, and in accordance with the verdict of the jury he was sentenced to pay a fine of $100 and to be confined in jail for 90 days. The judgment was rendered September 18, 1925. An appeal by case-made was filed in this court December 2, 1925.

No brief has been filed, and no appearance made in behalf of appellant, when the case was called for final submission. It was thereupon submitted on the motion of the Attorney General that the same be affirmed

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for want of prosecution. The proof on the part of the state, which was undisputed, tended to show that the sheriff and several deputies of Kay county found a still a half mile east of Hardy, and appellant was there at the time.