Haynes v State

Haynes v State
1927 OK CR 322
260 P. 782
38 Okl.Cr. 273
Decided: 10/29/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Evidence not Sustaining Conviction of Possession.

Appeal from County Court, Oklahoma County; C.C. Christison, Judge.

Oscar Haynes was convicted of having illegal possession of intoxicating liquor, and he appeals. Reversed and remanded.

Wright, Gill & Ramsdale, for plaintiff in error.

Edwin Dabney, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error was convicted in the county court of Oklahoma county of having illegal possession of intoxicating liquor, and sentenced to serve a term of six months in the county jail, and to pay a fine of $500.

At the time charged certain officers searched the residence of one Myers. The search occurred about 11 or 12 o'clock at night, and in the house at the time was Myers and his wife, one Updegraff, and plaintiff in error. A small quantity of whisky was found in the house, and some bottles and containers indicating that Myers was a bootlegger. No whisky was found in the room occupied by plaintiff in error, and he testified that at

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