Cox v. State

Court of Criminal Appeals of Oklahoma

Cox v. State

1927 OK CR 35, 252 P. 1117, 36 Okla. Crim. 108, 1927 Okla. Crim. App. LEXIS 140

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 29, 1927

DocketNo. A-5654.

StatusPublished

This text of 1927 OK CR 35 (Cox 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

Cox v. State, 1927 OK CR 35, 252 P. 1117, 36 Okla. Crim. 108, 1927 Okla. Crim. App. LEXIS 140 (Okla. Ct. App. 1927).

Pincite

Opinion

PER CURIAM.

The plaintiff in error, hereinafter ealled defendant, was convicted in the county court of Alfalfa county on a charge of being drunk in a public place, and his punishment fixed at a fine of $50 and at confinement in the county jail for a period of 15 days. The case was tried in March, 1925, and the appeal lodged in this court June 25, 1925. No briefs have been filed in support of the appeal, and no appearance for oral argument made. An examination of the record discloses that the offense was properly charged, and the evidence sufficient to sustain the verdict, although numerous witnesses testifying for the defendant denied that defendant was intoxicated. The weight and credibility of the witnesses, however, are for the jury. In the light of the record, we believe that the judgment should be modified, by reducing the punishment imposed by striking off entirely that part of the judgment for confinement in the county jail. As so modified, the case is affirmed.

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PER CURIAM.

The plaintiff in error, hereinafter ealled defendant, was convicted in the county court of Alfalfa county on a charge of being drunk in a public place, and his punishment fixed at a fine of $50 and at confinement in the county jail for a period of 15 days. The case was tried in March, 1925, and the appeal lodged in this court June 25, 1925. No briefs have been filed in support of the appeal, and no appearance for oral argument made. An examination of the record discloses that the offense was properly charged, and the evidence sufficient to sustain the verdict, although numerous witnesses testifying for the defendant denied that defendant was intoxicated. The weight and credibility of the witnesses, however, are for the jury. In the light of the record, we believe that the judgment should be modified, by reducing the punishment imposed by striking off entirely that part of the judgment for confinement in the county jail. As so modified, the case is affirmed.

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Bluebook (online)

1927 OK CR 35, 252 P. 1117, 36 Okla. Crim. 108, 1927 Okla. Crim. App. LEXIS 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-state-oklacrimapp-1927.