Hitt v. State

1912 OK CR 55, 119 P. 1130, 6 Okla. Crim. 714, 1912 Okla. Crim. App. LEXIS 280

Opinion

PER CURIAM.

Plaintiff in error was tried and convicted at the October, 1910, term of the county court of Oklahoma county on a charge of having the unlawful possession of whisky with intent to sell the same, and. on the 26th day. of November, thereafter, his punishment was fixed at a fine of one hundred and fifty dollars and imprisonment in the county jail sixty days. The testimony up>on which this conviction is based tends to show that the plaintiff in error had possession of a certain restaurant in Edmond about the time alleged in the information, but there is no proof that any sale was ever made, or any offer to make a sale, and no other circumstances of an incriminating nature sufficient to sustain this judgment. The transaction out of which the conviction grew shows that less than a bottle of whisky was found in the place at the, time the charge is laid. Let the judgment be reversed, and a new trial awarded.