Cerday v. State

Court of Criminal Appeals of Oklahoma

Cerday v. State

1929 OK CR 394, 281 P. 153, 44 Okla. Crim. 333, 1929 Okla. Crim. App. LEXIS 117

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 21, 1929

DocketNo. A-6996.

StatusPublished

This text of 1929 OK CR 394 (Cerday 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

Cerday v. State, 1929 OK CR 394, 281 P. 153, 44 Okla. Crim. 333, 1929 Okla. Crim. App. LEXIS 117 (Okla. Ct. App. 1929).

Pincite

Opinion

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Cotton county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $50 and to be imprisoned in the county jail for 30 days.

The record discloses that at the time charged a search of defendant’s residence was made, and in a bath tub was found a mixture of creosote, which witnesses testified had the smell of whisky in it. Some of this was analyzed and found to contain 3.3 per cent, ethyl alcohol, “the kind that is used as a rubbing alcohol,” and that it was incapable of being used as a beverage. The evidence is insufficient to sustain the judgment.

The case is reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Cotton county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $50 and to be imprisoned in the county jail for 30 days.

The record discloses that at the time charged a search of defendant’s residence was made, and in a bath tub was found a mixture of creosote, which witnesses testified had the smell of whisky in it. Some of this was analyzed and found to contain 3.3 per cent, ethyl alcohol, “the kind that is used as a rubbing alcohol,” and that it was incapable of being used as a beverage. The evidence is insufficient to sustain the judgment.

The case is reversed.

Cite This Page — Counsel Stack

Bluebook (online)

1929 OK CR 394, 281 P. 153, 44 Okla. Crim. 333, 1929 Okla. Crim. App. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cerday-v-state-oklacrimapp-1929.