Hornbeck v State

Hornbeck v State
1912 OK CR 327
123 P. 1129
7 Okl.Cr. 731
Case Number: No. A-1226
Decided: 05/08/1912
Oklahoma Court of Criminal Appeals

Appeal from Love County Court; R.A. Keller, Judge.

Cam Hornbeck was convicted of having possession of intoxicating liquor with intent to sell, and appeals. Reversed and remanded.

Eddleman & Graham, for plaintiff in error.

Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error, Cam Hornbeck, was convicted in the county court of Love county on an information which charged the unlawful possession of intoxicating liquor with the intent to violate the prohibition law by unlawfully selling the same. In accordance with the verdict of the jury he was sentenced to serve a term of thirty days in the county jail and pay a fine of fifty dollars. From the judgment he appealed by filing in this court June 29, 1911, petition in error with case-made. Of the various assignments of error it is only necessary to notice the one that the verdict of the jury is contrary to the evidence. From a careful examination of the record we are convinced that the evidence is wholly insufficient to sustain a conviction. It was held by this court in the case of Rice v. State, 5 Okla. Cr. 68, 113 P. 207, that mere possession of intoxicating liquors without proof of the purpose