Halford v. State

1930 OK CR 409, 291 P. 987, 48 Okla. Crim. 352, 1930 Okla. Crim. App. LEXIS 138

• Court: Court of Criminal Appeals of Oklahoma
• Decided: October 4, 1930
• Docket: No. A-7646.
• Status: Published

Opinion

CHAPPELL, J.

Plaintiff in error was convicted in tbe county court of Greer county on a charge of tbe unlawful sale of a gallon of wbisky, and bis punishment fixed by tbe jury at a fine of |200 and imprisonment in tbe county jail for 90 days.

Tbe state called as witnesses J. W. Penley and Earl Fennel, who testified that Earl Fennel purchased a gallon of wbisky from tbe defendant, paying him $5 therefor. Tbe defendant, testifying for himself, denied this sale.

Counsel in bis brief says:

“Tbe defendant makes only one assignment of error, which includes tbe error of the trial court in overruling bis motion for new trial, to-wit: That tbe verdict is not supported by and is contrary to tbe law and tbe evidence.

“Tbe defendant, likewise, makes only one proposition: That tbe evidence introduced in this cause is insufficient to support the verdict of tbe jury.”

From an examination of tbe record we find there is sufficient competent evidence to support tbe verdict of tbe jury.

No error being apparent, tbe cause is affirmed.

EDWARDS, P. J., and DAVENPORT, J., concur.