Haney v State

Haney v State
1932 OK CR 94
11 P.2d 536
53 Okl.Cr. 314
Decided: 05/14/1932
Oklahoma Court of Criminal Appeals

Appeal from County Court, Kay County; R.M. Parkhurst, Judge.

J. Haney was convicted of having the unlawful possession of intoxicating liquor, and he appeals. Reversed and remanded.

Wieck & Armstrong, for plaintiff in error.

J. Berry King, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Kay county of having the unlawful possession of intoxicating liquor and his punishment fixed at a fine of $50 and imprisonment in the county jail for a term of 30 days.

At the time charged, officers with a search warrant searched the filling station and premises of defendant. Near the station they found about seven half pints and two pints of whisky. The evidence is not clear whether this was on the lots occupied by the filling station or on the adjoining lot. Defendant denied any knowledge of the whisky, and offered evidence of previous good character. The evidence of possession was circumstantial.