Leishman v State

Leishman v State
1912 OK CR 442
125 P. 1133
8 Okl.Cr. 723
Case Number: No. A-1224
Decided: 09/14/1912
Oklahoma Court of Criminal Appeals

Appeal from Oklahoma County Court; John W. Hayson, Judge.

John Leishman was convicted of violating the prohibitory law, and appeals. Reversed.

Giddings & Giddings, for plaintiff in error.

Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM: The plaintiff in error was convicted in the county court of Oklahoma county on a charge of selling intoxicating liquor, and on the 28th day of March, 1911, was adjudged to pay a fine of fifty dollars and be confined in the county jail for a period of thirty days. He perfected his appeal in this court in due form. The proof upon the part of the state establishes the sale. The testimony on the part of the defense flatly contradicts the prosecuting witness. The accused testified on his own behalf that he was in bed sick on the date the sale was made as contended by the state, and his physician, Dr.

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Kuhn, corroborated his testimony and says that the accused was in bed for two or three days prior and subsequent to the date upon which the prosecuting witness claims to have purchased the whisky. In addition, the prosecuting witness after having voluntarily filed the complaint against the accused went to the county attorney's office and made a written statement to the effect that he did not purchase the whisky. The following instruction of the court is complained of as ground for reversal in view of the facts in this case: