Belchner v. State

Court of Criminal Appeals of Oklahoma

Belchner v. State

1919 OK CR 280, 183 P. 925, 16 Okla. Crim. 710, 1919 Okla. Crim. App. LEXIS 256

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 29, 1919

DocketNo. A-3335.

StatusPublished

This text of 1919 OK CR 280 (Belchner v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Belchner v. State, 1919 OK CR 280, 183 P. 925, 16 Okla. Crim. 710, 1919 Okla. Crim. App. LEXIS 256 (Okla. Ct. App. 1919).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, G. Belchner, was convicted on a charge that he did have possession of nine half pints of whisky with *711 intent to sell the same, ami was sentenced to be confined for 30 days in the county jail and to pay a fine of $50.

The only testimony in the case was that of two police officers of the city of Tulsa, in substance: That they observed the defendant on the date alleged in a monument yard in the 200 block, west side of North Main street. 'Tulsa. He was standing by a monument, and stooped down, and picked up something, and put it in his pocket, and walked away. The officers intercepted him and searched him, finding two half pints of whisky. They then walked back into the monument yard and found seven half pints of whisky, concealed in a hole, near the place where he was stand'ng. when first seen by the officers. The defendant stated that that was all; that there was no more there.

The errors assigned are to the effect that this evidence was insufficient to support the verdict. It is sufficient to say that the case was one for the consideration of the jury, and the evidence of guilt was ample to justify the verdict.

The judgment is therefore affirmed. Mandate forthwith.

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PER CURIAM.

Plaintiff in error, G. Belchner, was convicted on a charge that he did have possession of nine half pints of whisky with *711 intent to sell the same, ami was sentenced to be confined for 30 days in the county jail and to pay a fine of $50.

The only testimony in the case was that of two police officers of the city of Tulsa, in substance: That they observed the defendant on the date alleged in a monument yard in the 200 block, west side of North Main street. 'Tulsa. He was standing by a monument, and stooped down, and picked up something, and put it in his pocket, and walked away. The officers intercepted him and searched him, finding two half pints of whisky. They then walked back into the monument yard and found seven half pints of whisky, concealed in a hole, near the place where he was stand'ng. when first seen by the officers. The defendant stated that that was all; that there was no more there.

The errors assigned are to the effect that this evidence was insufficient to support the verdict. It is sufficient to say that the case was one for the consideration of the jury, and the evidence of guilt was ample to justify the verdict.

The judgment is therefore affirmed. Mandate forthwith.

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Bluebook (online)

1919 OK CR 280, 183 P. 925, 16 Okla. Crim. 710, 1919 Okla. Crim. App. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belchner-v-state-oklacrimapp-1919.