Geer v. State

Court of Criminal Appeals of Oklahoma

Geer v. State

1912 OK CR 319, 123 P. 1128, 7 Okla. Crim. 726, 1912 Okla. Crim. App. LEXIS 172

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 8, 1912

DocketNo. A-1368.

StatusPublished

This text of 1912 OK CR 319 (Geer 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

Geer v. State, 1912 OK CR 319, 123 P. 1128, 7 Okla. Crim. 726, 1912 Okla. Crim. App. LEXIS 172 (Okla. Ct. App. 1912).

Pincite

Opinion

PER CURIAM.

Plaintiff in error was tried and convicted at the June, 1911, -term of the county court of Oklahoma county on a charge of having unlawful possession of intoxicating liquor with intent to sell the same, and was sentenced to pay a fine of five hundred dollars and be confined in the county jail for a period of six months. Upon the oral argument of this ease counsel urge for reversal errors of law committed by the court in its instructions, and improper arguments of the county attorney. The proof shows that the plaintiff in error was in possession of certain premises in the city of Oklahoma City, and had paid the special "retail liquor dealer’s tax. Intoxicating liquors were found in a room in the building occupied by him, which room he contends was subrented by him to another. The intoxicating liquor involved was found in this room. It further appears that this is the first violation of the prohibitory liquor law of which the accused has been convicted or charged. It is not shown that he ever made any sale. In his testimony he explained the possession of the retail liquor dealer’s license. The jury, however, found against him. But in view of the .facts disclosed by the record, and the irregularities of the trial, • which we can not say are sufficient to justify a reversal of the judgment, we think substantial justice requires a modification of the punishment imposed. The judgment of the trial court is modified to sixty days’ imprisonment in the county jail of Oklahoma county and a fine of fifty dollars and .costs, and as modified the judgment is affirmed.

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PER CURIAM.

Plaintiff in error was tried and convicted at the June, 1911, -term of the county court of Oklahoma county on a charge of having unlawful possession of intoxicating liquor with intent to sell the same, and was sentenced to pay a fine of five hundred dollars and be confined in the county jail for a period of six months. Upon the oral argument of this ease counsel urge for reversal errors of law committed by the court in its instructions, and improper arguments of the county attorney. The proof shows that the plaintiff in error was in possession of certain premises in the city of Oklahoma City, and had paid the special "retail liquor dealer’s tax. Intoxicating liquors were found in a room in the building occupied by him, which room he contends was subrented by him to another. The intoxicating liquor involved was found in this room. It further appears that this is the first violation of the prohibitory liquor law of which the accused has been convicted or charged. It is not shown that he ever made any sale. In his testimony he explained the possession of the retail liquor dealer’s license. The jury, however, found against him. But in view of the .facts disclosed by the record, and the irregularities of the trial, • which we can not say are sufficient to justify a reversal of the judgment, we think substantial justice requires a modification of the punishment imposed. The judgment of the trial court is modified to sixty days’ imprisonment in the county jail of Oklahoma county and a fine of fifty dollars and .costs, and as modified the judgment is affirmed.

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Bluebook (online)

1912 OK CR 319, 123 P. 1128, 7 Okla. Crim. 726, 1912 Okla. Crim. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geer-v-state-oklacrimapp-1912.