Britton v State

Britton v State
1937 OK CR 120
70 P.2d 1112
62 Okl.Cr. 206
Decided: 08/05/1937
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors-Conviction for Selling Liquor not Sustained.

Appeal from Court of Common Pleas, Oklahoma County; J. B. Barnett, Judge.

Euta Britton was convicted of selling intoxicating liquor, and she appeals. Reversed.

Mathers & Mathers, for plaintiff in error.

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

PER CURIAM. The plaintiff in error, Euta Britton, hereinafter referred to as the defendant, was by information charged with selling intoxicating liquor to Bill Kerr; was tried, convicted, and sentenced to pay a fine of $50, and to be confined in the county jail for 30 days.

The testimony is brief. Two deputy sheriffs, W. E. Agee and Clint Johnson, testify they drove out near defendant's home and sent Bill Kerr with $2 to defendant's home to see if he could purchase whisky, and later Bill Kerr returned and brought a pint of whisky with him. The deputies state they gave Bill two $1 bills; neither of the deputies saw Bill make the purchase of the whisky; the only thing they know is that Bill went to the house and came back and claimed he had bought a pint of whisky from the defendant.

The record shows that Bill Kerr was at Norman Okla., at the time the case was called for trial but did not testify in the case. Neither of the deputies testify they searched Bill before he left them to see if he had

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