Brown v State

Brown v State
1918 OK CR 55
172 P. 1098
14 Okl.Cr. 477
Case Number: A-2928
Decided: 05/29/1918
Oklahoma Court of Criminal Appeals

ROY BROWN
v.
STATE.

INTOXICATING LIQUORS--Unlawful Possession with Intent to Sell--Sufficiency of Evidence.

Appeal from County Court, Tulsa County; H. L. Standeven, Judge.

Roy Brown was convicted of the crime of unlawful possession of intoxicating liquor, with intent to sell it, and he appeals. Judgment reversed.

Brown & Shackleford, for plaintiff in error.

S. P. Freeling, Atty. Gen., and R. McMillan, Asst. Atty. Gen., for the State.

Page 477

PER CURIAM.

Plaintiff in error was convicted in the county court of Tulsa county of the unlawful possession

Page 478

of intoxicating liquors, with intent to sell same, and his punishment was fixed at confinement in the county jail for a period of 90 days and a fine of $ 150.

After a careful consideration of the record in this case, the court has reached the conclusion that the judgment should be reversed. There is evidence in the record that the defendant had in his possession a half pint of whisky, but there is an entire lack of evidence to establish on his part any intent to sell same. The defendant took the witness stand in his own behalf, and testified that this was the first time that he had ever been arrested or tried for violation of the prohibitory laws of this state. There was no material conflict between the evidence of the state and that of the defendant, except that the evidence on the part of the defendant explained the possession of the whisky, and the explanation made by the defendant and the owner of the building in which his place of business was located was not contradicted.