Gilbert v. State

Court of Criminal Appeals of Oklahoma

Gilbert v. State

1921 OK CR 224, 201 P. 1118, 20 Okla. Crim. 202, 1921 Okla. Crim. App. LEXIS 158

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 22, 1921

DocketNo. A-3780.

StatusPublished

This text of 1921 OK CR 224 (Gilbert 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

Gilbert v. State, 1921 OK CR 224, 201 P. 1118, 20 Okla. Crim. 202, 1921 Okla. Crim. App. LEXIS 158 (Okla. Ct. App. 1921).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, Charles Gilbert, was; tried and convicted in the county court of Talsa county on an information charging that in said county, on the 11th day of August, 1919, he did unlawfully have in his possession certain intoxicating liquor, to wit, 36 pints of Choetaw beer, which said Choctaw beer contained more than one-half of 1 per cent, of alcohol, measured by volume, and capable of being used as a beverage, with the unlawful intent to barter, sell, and otherwise dispose of the same, and his punishment fixed at, confinement in the county jail for 6 months and a fine of.$500. From the judgment rendered in accordance with the verdict on the 26th day of March, 1920, he appealed by filing in this court on May 22, 1920, a petition in error with ease-made. *203 The errors assigned are that the verdict '.is contrary to the law and the evidence; that the court erred in admitting incompetent testimony, and erred in overruling the motion for a new trial. The defendant is not represented by counsel in this court, but we have examined the record and find no material error, and we think the testimony, without any doubt, is ample to sustain the conviction. The judgment of the lower court is therefore affirmed.

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PER CURIAM.

Plaintiff in error, Charles Gilbert, was; tried and convicted in the county court of Talsa county on an information charging that in said county, on the 11th day of August, 1919, he did unlawfully have in his possession certain intoxicating liquor, to wit, 36 pints of Choetaw beer, which said Choctaw beer contained more than one-half of 1 per cent, of alcohol, measured by volume, and capable of being used as a beverage, with the unlawful intent to barter, sell, and otherwise dispose of the same, and his punishment fixed at, confinement in the county jail for 6 months and a fine of.$500. From the judgment rendered in accordance with the verdict on the 26th day of March, 1920, he appealed by filing in this court on May 22, 1920, a petition in error with ease-made. *203 The errors assigned are that the verdict '.is contrary to the law and the evidence; that the court erred in admitting incompetent testimony, and erred in overruling the motion for a new trial. The defendant is not represented by counsel in this court, but we have examined the record and find no material error, and we think the testimony, without any doubt, is ample to sustain the conviction. The judgment of the lower court is therefore affirmed.

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Bluebook (online)

1921 OK CR 224, 201 P. 1118, 20 Okla. Crim. 202, 1921 Okla. Crim. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-state-oklacrimapp-1921.