Coatney v State

Coatney v State
1930 OK CR 322
290 P. 420
48 Okl.Cr. 243
Decided: 06/28/1930
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Conviction for Possession Sustained. Evidence examined, and held sufficient to support the verdict.

Appeal from County Court, Comanche County; John Manning, Judge.

J.H. Coatney was convicted of unlawfully possessing intoxicating liquor, and he appeals. Affirmed.

L.M. Gensman, for plaintiff in error.

The Attorney General, for the State.

Page 244

CHAPPELL, J. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Comanche county on a charge of having unlawful possession of intoxicating liquor, and his punishment fixed at a fine of $500 and confinement in the county jail for 180 days.

The evidence of the state was that the officers, having a search warrant, searched the premises of the defendant and found 104 gallons of whisky in a room in the southeast corner of the house. Defendant contends that the following description in the affidavit and search warrant is insufficient:

"Dwelling house, out-buildings and premises, same being a two-story white house on the N.W. 1/4 of section 25, twp. 2N., range 12W., being the first house south of the Bennett property, the same being the premises of Homer Coatney."