McCann v State

McCann v State
1946 OK CR 51
169 P.2d 221
82 Okl.Cr. 301
Decided: 05/15/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Intoxicating Liquors - Information for Unlawful Possession Held Sufficient. Where one is charged with the unlawful possession of intoxicating liquor for the purpose of sale, etc., in the county where the crime is charged it is not necessary to allege in the information the exact place in the county where the intoxicating liquor is located, nor to allege the time of day or night when the defendant had possession of said intoxicating liquor.

2. Indictment and information-Proper Mode of Attacking Sufficiency of Information. The proper mode of attacking the

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sufficiency of an information is by the filing of a demurrer, or motion to quash the same.

Appeal from Court of Common Pleas, Oklahoma County; Glen O. Morris, Judge.

Virgil McCann was convicted of unlawful possession of intoxicating liquor and sentenced to pay a fine of $200 and serve sixty days in the county jail, and he appeals. Affirmed.

Rob't R. Rittenhouse, of Oklahoma City, for plaintiff in error.

Randell S. Cobb, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

BAREFOOT, J. Defendant, Virgil McCann, was charged in the court of common pleas of Oklahoma county with the crime of unlawful possession of intoxicating liquor, to wit: 6 4/5 bottles of tax paid rum, 1 4/5 bottles of tax paid Scotch liquor, 2 pints of tax paid gin, and 2 pints of tax paid rum. He was permitted to withdraw a plea of not guilty, previously entered, and to enter a plea of guilty. He was by the court sentenced to pay a fine of $200 and costs taxed at $28.50, and to serve a term of sixty days in the county jail of Oklahoma county. From this judgment and sentence he has appealed.