Gresham v. State

Court of Criminal Appeals of Oklahoma

Gresham v. State

1913 OK CR 161, 132 P. 1122, 9 Okla. Crim. 661, 1913 Okla. Crim. App. LEXIS 198

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 28, 1913

DocketNo. A-1697.

StatusPublished

This text of 1913 OK CR 161 (Gresham 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

Gresham v. State, 1913 OK CR 161, 132 P. 1122, 9 Okla. Crim. 661, 1913 Okla. Crim. App. LEXIS 198 (Okla. Ct. App. 1913).

Pincite

Opinion

EURMAN, J.

The conviction in this ease rests' alone upon the testimony of one J. A. Johnson, who testified that he was a man without any business. In one place witness testified that he bought a pint of whisky from appellant. In another place he said “it was a bottle of whisky or a hot- *662 tie of Coca-Cola, one or the other, I got from Bill Gresham.” Witness further testified that he was in a very bad mental condition; that he used cocaine nearly all of the time; that .the cocaine had .affected his memory badly and caused him to imagine things that had never happened; and ■ that he had used cocaine for 15 years. He -further testified that he had no positive recollection of buying anything from appellant.

We do not -believe that any conviction upon such evidence as this should be allowed to stand. If the witness did not know as to whether or not it was a bottle of whisky or a bottle of -Coca-Cola which he purchased from appellant, we do not see how the court or jury, without some other evidence, could determine that appellant was guilty beyond a reasonable doubt.

The judgment of the lower court is reversed, with directions to dismiss this case, unless some more reliable testimony can be produced as to appellant’s guilt.

ARMSTRONG, P. J., and DOYLE, J., concur.

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EURMAN, J.

The conviction in this ease rests' alone upon the testimony of one J. A. Johnson, who testified that he was a man without any business. In one place witness testified that he bought a pint of whisky from appellant. In another place he said “it was a bottle of whisky or a hot- *662 tie of Coca-Cola, one or the other, I got from Bill Gresham.” Witness further testified that he was in a very bad mental condition; that he used cocaine nearly all of the time; that .the cocaine had .affected his memory badly and caused him to imagine things that had never happened; and ■ that he had used cocaine for 15 years. He -further testified that he had no positive recollection of buying anything from appellant.

We do not -believe that any conviction upon such evidence as this should be allowed to stand. If the witness did not know as to whether or not it was a bottle of whisky or a bottle of -Coca-Cola which he purchased from appellant, we do not see how the court or jury, without some other evidence, could determine that appellant was guilty beyond a reasonable doubt.

The judgment of the lower court is reversed, with directions to dismiss this case, unless some more reliable testimony can be produced as to appellant’s guilt.

ARMSTRONG, P. J., and DOYLE, J., concur.

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Bluebook (online)

1913 OK CR 161, 132 P. 1122, 9 Okla. Crim. 661, 1913 Okla. Crim. App. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gresham-v-state-oklacrimapp-1913.