Bock v State

Bock v State
1947 OK CR 53
180 P.2d 669
84 Okl.Cr. 205
Decided: 05/07/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Intoxicating Liquors-Question for Jury as to Intent With Which Liquor is Possessed. Where one is charged with the possession of intoxicating liquor with the unlawful intent to sell, barter, give away or otherwise furnish the same, and defendant contends that nine pints of whisky found by officers

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was for his own personal use, the question of intent with which the liquor was possessed is a question of fact to be decided by the jury under proper instructions.

2. Same-Evidence Sufficient to Sustain Conviction for Unlawful Possession. The evidence was sufficient to sustain conviction for unlawful possession of intoxicating liquor.

Appeal from County Court, Kiowa County; Clarence W. Hunter, Judge.

Jake Bock was convicted of unlawfully possessing intoxicating liquor, and he appeals. Affirmed.

Hughes & Hughes, of Hobart, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.

JONES, J. The defendant, Jake Bock, was charged in the county court of Kiowa county with the crime of unlawful possession of intoxicating liquor, was tried, convicted and sentenced to serve 30 days in the county jail and pay a fine of $200, and has appealed.

Several officers of Kiowa county, armed with a search warrant, made a search of the residence of the defendant. Concealed in a trap in the top of a clothes closet were found nine pints of Hiram Walker whisky. The defendant did not testify but his wife testified in his behalf that the liquor was not being kept for the purpose of illegally disposing of same, but was for their own personal use.

The issue raised by the evidence was properly submitted to the jury. By their verdict, they decided the issue adversely to the defendant. Since there is ample, competent evidence to sustain the finding of the jury on this disputed question of fact, this court will not interfere with such finding.