Coleman v. State

Court of Criminal Appeals of Oklahoma

Coleman v. State

1930 OK CR 47, 287 P. 1114, 46 Okla. Crim. 94, 1930 Okla. Crim. App. LEXIS 498

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 31, 1930

DocketNo. A-7278.

StatusPublished

This text of 1930 OK CR 47 (Coleman 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

Coleman v. State, 1930 OK CR 47, 287 P. 1114, 46 Okla. Crim. 94, 1930 Okla. Crim. App. LEXIS 498 (Okla. Ct. App. 1930).

Pincite

Opinion

PER CURIAM.

The plaintiff in error was convicted in the county court of Caddo county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $150 and to serve 60 days in the county jail.

The record discloses that at the time charged, officers went with a search warrant and searched the residence of plaintiff in error and found three or four half pints of whisky and a few bottles of home-brew, which on being analyzed contained more than one-half of one per cent, of alcohol, measured by volume.

The evidence does not make out a strong case, but there is sufficient, if believed by the jury, to sustain the judgment. Under the entire record, however, we are of the opinion that justice requires the judgment be reduced to a fine of $50 and to imprisonment for 30 days in the county jail.

As modified, the case is affirmed.

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PER CURIAM.

The plaintiff in error was convicted in the county court of Caddo county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $150 and to serve 60 days in the county jail.

The record discloses that at the time charged, officers went with a search warrant and searched the residence of plaintiff in error and found three or four half pints of whisky and a few bottles of home-brew, which on being analyzed contained more than one-half of one per cent, of alcohol, measured by volume.

The evidence does not make out a strong case, but there is sufficient, if believed by the jury, to sustain the judgment. Under the entire record, however, we are of the opinion that justice requires the judgment be reduced to a fine of $50 and to imprisonment for 30 days in the county jail.

As modified, the case is affirmed.

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Bluebook (online)

1930 OK CR 47, 287 P. 1114, 46 Okla. Crim. 94, 1930 Okla. Crim. App. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-state-oklacrimapp-1930.