Bowman v. State
This text of 1928 OK CR 212 (Bowman 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.
Opinion
Upon information charging that in Harmon county, May 25, 1926, Jess Bowman did then and there unlawfully sell one-half gallon of whisky to one A. E. Bridgewater for and at a price of $5, he was tried, convicted, and, in accordance with the verdict of the jury, Was *195 sentenced to pay a fine of $50 and to confinement in the county jail for 40 days.
The errors assigned question the sufficiency of the evidence to support the verdict, but no brief has been filed.. The state’s case was made by direct and positive evidence. As a witness in his own behalf the defendant denied making the sale. Obviously the jury were satisfied of his guilt, notwithstanding his testimony to the contrary.
It is the exclusive province of the jury to pass on the credibility of witnesses and the weight of the testimony, and when, as in this case, there is substantial evidence to support their finding, this court will not interfere.
The judgment is affirmed.
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Cite This Page — Counsel Stack
1928 OK CR 212, 267 P. 686, 40 Okla. Crim. 194, 1928 Okla. Crim. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-state-oklacrimapp-1928.