Dyche v. State

Court of Criminal Appeals of Oklahoma

Dyche v. State

1911 OK CR 224, 115 P. 1128, 5 Okla. Crim. 701, 1911 Okla. Crim. App. LEXIS 225

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 9, 1911

DocketNo. A-264.

StatusPublished

This text of 1911 OK CR 224 (Dyche 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

Dyche v. State, 1911 OK CR 224, 115 P. 1128, 5 Okla. Crim. 701, 1911 Okla. Crim. App. LEXIS 225 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

The information in this ease charged the appellant with wrongfully having in his possession and carrying for the purpose of selling the same from the railroad station of the Orient Railroad to the railroad station of the town of Carmen in the county of Alfalfa, state of Oklahoma, certain malt liquors, to wit, beer. Counsel for appellant demurred to this information upon the ground that it charged two separate offenses. The information is not carefully drawn, but we think that the evident purpose of the pleader was to charge the appellant with the offense of illegally conveying malt liquor from one place in the state to another place in the state *702 and that’ this was reasonably apparent from the language of the information. A person cannot carry liquor from one place in the state to another place in the state without having such liquor in his ipossession. The fact that the information charged that appellant intended to sell the beer so carried was altogether unnecessary, and was therefore surplusage. The evidence in the case' was conflicting, and if the witnesses for the state are to be believed, their testimony fully sustains the verdict of the jury. The charge of the court, if anything, was more favorable to the defendant than the law authorizes. The punishment of the defendant was assessed at a fine of $100 and imprisonment for a period of 30 days. The judgment of the lower court is affirmed.

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PER CURIAM.

The information in this ease charged the appellant with wrongfully having in his possession and carrying for the purpose of selling the same from the railroad station of the Orient Railroad to the railroad station of the town of Carmen in the county of Alfalfa, state of Oklahoma, certain malt liquors, to wit, beer. Counsel for appellant demurred to this information upon the ground that it charged two separate offenses. The information is not carefully drawn, but we think that the evident purpose of the pleader was to charge the appellant with the offense of illegally conveying malt liquor from one place in the state to another place in the state *702 and that’ this was reasonably apparent from the language of the information. A person cannot carry liquor from one place in the state to another place in the state without having such liquor in his ipossession. The fact that the information charged that appellant intended to sell the beer so carried was altogether unnecessary, and was therefore surplusage. The evidence in the case' was conflicting, and if the witnesses for the state are to be believed, their testimony fully sustains the verdict of the jury. The charge of the court, if anything, was more favorable to the defendant than the law authorizes. The punishment of the defendant was assessed at a fine of $100 and imprisonment for a period of 30 days. The judgment of the lower court is affirmed.

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Bluebook (online)

1911 OK CR 224, 115 P. 1128, 5 Okla. Crim. 701, 1911 Okla. Crim. App. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyche-v-state-oklacrimapp-1911.