Murrow v State

Murrow v State
1937 OK CR 1
64 P.2d 343
60 Okl.Cr. 288
Decided: 01/09/1937
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Intoxicating Liquors -- Conviction for Transporting Sustained. The evidence is sufficient to sustain the conviction.

2. Same -- Fine of $150 Held Excessive and Reduced to $50. For reasons for modifying judgment, see body of the opinion.

Appeal from County Court, Woods County; J.J. Glaser, Judge.

Ike Murrow was convicted of transporting intoxicating liquor from one place in the state to another, and he appeals. Modified, and, as modified, affirmed.

E.W. Snoddy and H.C. Crandall, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for the State.

DAVENPORT, J. The plaintiff in error, for convenience hereinafter referred to as the defendant, was convicted of transporting intoxicating liquor from one place in the state to another.

The testimony in substance is very brief. The officers testifying they were out on Choctaw street, in the city of Alva, with a search warrant to search the defendant's car. When the defendant drove down the street

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toward the officers, one of them called to the defendant and told him they had a search warrant to search his car. The defendant was driving very slow, and one of the officers stepped on the running board of the defendant's car. The officer testified he saw a half-gallon jar in the defendant's car between his legs, and when he told the defendant he had a search warrant to search his car, and handed him a copy, the defendant picked up a hammer and broke the jar; that he afterwards got a little bit of the whisky that was in a piece of the broken jar. The other officer testified he identified the contents of the jar being whisky by its smell.

The defendant offered no testimony.