Hooks v. State

1928 OK CR 90, 264 P. 640, 39 Okla. Crim. 200, 1928 Okla. Crim. App. LEXIS 279

• Court: Court of Criminal Appeals of Oklahoma
• Decided: February 29, 1928
• Docket: No. A-6125.
• Status: Published

Opinion

DOYLE, P, J.

Appellant, Ada Hooks, and Love Walker were convicted of the crime of transporting intoxicating liquor, the jury leaving the punishment to ibe fixed by the court. From the judgment and sentence of 30 days in jail and a fine of $100, Ada Hooks appeals.

The only question raised by this appeal is the sufficiency of the evidence to sustain the verdict.

George Nixon, sheriff, testified that on the morning of the 3d day of November, 1925, he saw appellant driving a Ford car, and when she saw him “she pulled it wide open.” He followed, and appellant or the other woman in the car with her threw out two or three fruit jlars that contained whisky.

As a witness in her own behalf, appellant denied that she had any whisky or fruit jars in her car, and denied that any jars were thrown from her car that morning.

. Love Walker, codefendant, testified that she was riding with Adla Hooks, and did not see any whisky in the car, and did not see Ada throw any whisky out.

The credibility of the state’s witness was a question for the jury, and, where he testifies to the incul-patory facts, it cannot be said that there was no substantial evidence to support the verdict.

Finding the evidence sufficient and no prejudicial error of law occurring iat the trial, the judgment appealed from is affirmed.

EDWARDS and DAVENPORT, JJ., concur.