Rumph v State

Rumph v State
1912 OK CR 325
123 P. 1133
7 Okl.Cr. 729
Case Number: No. A-1372
Decided: 05/08/1912
Oklahoma Court of Criminal Appeals

Appeal from Sequoyah County Court; W.N. Littlejohn, Judge.

Ellis Rumph was convicted of violating the prohibitory law, and appeals. Affirmed.

Moore & McNabb, for plaintiff in error.

Chas. West, Atty. Gen., and Smith C. Matson and E.G. Spilman, Asst. Attys. Gen., for the State.

PER CURIAM. The plaintiff in error, Ellis Rumph, was convicted in the county court of Sequoyah county on an information which charged him with a violation of the prohibition law, by unlawfully selling one pint of whisky to Mose Howard. July 13, 1910, the defendant was sentenced to serve a term of one hundred and ten days in the county jail and to pay a fine of three hundred dollars, and in default of the payment of said fine that he stand committed until the same is satisfied as by law provided. From the judgment the defendant appealed by filing in this court, September 12, 1911, a petition in error with case-made attached. The facts briefly stated are as follows: The defendant conducted a restaurant and cold drink stand in the town of Vian, Sequoyah county; back of his place of business he had a barn. On the day alleged in the information Mose Howard went there with Hillary Bonds, and the latter waited outside while Howard went in for a bottle of whisky. Bonds had given Howard a dollar to pay for the whisky. Bonds testified he bought the whisky of the defendant for Howard. Howard was arrested for selling the whisky, but was not prosecuted. In the course of the trial it developed that large quantities of liquor

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were kept on the defendant''s place; that on a search warrant two or three barrels of beer, a barrel of bottled whisky and some gin were found on the premises. Some in the barn and some in the house.