Conley v State

Conley v State
1914 OK CR 106
140 P. 1194
10 Okl.Cr. 700
Case Number: No. A-2027
Decided: 05/16/1914
Oklahoma Court of Criminal Appeals

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

Ed Conley was convicted of violating the prohibitory law, and appeals. Reversed.

Giddings & Giddings, for plaintiff in error.

C.J. Davenport, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error, Ed Conley, was convicted at the March, 1913, term of the county court of Oklahoma county on a charge of having unlawful possession of intoxicating liquor with intent to sell the same, and his punishment fixed at a fine of $300 and imprisonment in the county jail for a period of sixty days. Upon a careful examination of the record and briefs in this case it is conclusively apparent that the state did not make a case of unlawful possession of intoxicating liquor with intent to sell the same, against the accused. The competent proof in the record establishes the fact that an enforcement officer purchased a half pint of whisky on the 5th day of August, 1912, at a place on West California street, from some person who