Howell v. State

Court of Criminal Appeals of Oklahoma

Howell v. State

1921 OK CR 104, 198 P. 516, 19 Okla. Crim. 151, 1921 Okla. Crim. App. LEXIS 45

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 13, 1921

DocketNo. A-2931.

StatusPublished

This text of 1921 OK CR 104 (Howell 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

Howell v. State, 1921 OK CR 104, 198 P. 516, 19 Okla. Crim. 151, 1921 Okla. Crim. App. LEXIS 45 (Okla. Ct. App. 1921).

Pincite

Opinion

*152 PER CURIAM.

The plaintiff in error, Ben Howell, was ■eonvieted at the October, 1916, term of the county court of Pawnee county on a charge of unlawfully conveying intoxicating liquor from a building in the town of Jennings to a place near the Palace Rooming House in said town, and his punishment fixed at a fine of $100 and imprisonment in the county jail for a period of 90 days.

The evidence for the state shows that the defendant started from a little outhouse carrying a sack containing 20 bottles '■of beer, and was going into the Palace Rooming House when lie was arrested by the officers.

As a witness in his own behalf the defendant testified he :had lived in Jennings two years and was half owner of the Palace Rooming House; that about six weeks previous to his arrest he had ordered from Joplin for his own personal use a barrel of beer, and when it came he asked and received permission to lock it in .a nearby building, owned by the town justice of Jennings; that he never sold any of this beer and had never been convicted of a violation of the prohibitory liquor laws and had never ordered or received but the one barrel; that on the night of his arrest he saw two boys, naming them, peeping through a crack into the room where the beer was and he ordered them away from the place; that he put all the beer that was left in a sack to take to his room in the- Palace Rooming House, to keep the boys from stealing it; that he had kept the beer in the outbuilding because the rooming house was a public place; that the outhouse where the beer was kept was 50 feet in the rear of the Palace Rooming House.

We deem it unnecessary to consider the other errors assigned. It is sufficient to say, after a careful examination and ■consideration of the testimony, we are of the opinion that the ■conviction is not sustained by the evidence. Wherefore the judgment is reversed.

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*152 PER CURIAM.

The plaintiff in error, Ben Howell, was ■eonvieted at the October, 1916, term of the county court of Pawnee county on a charge of unlawfully conveying intoxicating liquor from a building in the town of Jennings to a place near the Palace Rooming House in said town, and his punishment fixed at a fine of $100 and imprisonment in the county jail for a period of 90 days.

The evidence for the state shows that the defendant started from a little outhouse carrying a sack containing 20 bottles '■of beer, and was going into the Palace Rooming House when lie was arrested by the officers.

As a witness in his own behalf the defendant testified he :had lived in Jennings two years and was half owner of the Palace Rooming House; that about six weeks previous to his arrest he had ordered from Joplin for his own personal use a barrel of beer, and when it came he asked and received permission to lock it in .a nearby building, owned by the town justice of Jennings; that he never sold any of this beer and had never been convicted of a violation of the prohibitory liquor laws and had never ordered or received but the one barrel; that on the night of his arrest he saw two boys, naming them, peeping through a crack into the room where the beer was and he ordered them away from the place; that he put all the beer that was left in a sack to take to his room in the- Palace Rooming House, to keep the boys from stealing it; that he had kept the beer in the outbuilding because the rooming house was a public place; that the outhouse where the beer was kept was 50 feet in the rear of the Palace Rooming House.

We deem it unnecessary to consider the other errors assigned. It is sufficient to say, after a careful examination and ■consideration of the testimony, we are of the opinion that the ■conviction is not sustained by the evidence. Wherefore the judgment is reversed.

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Bluebook (online)

1921 OK CR 104, 198 P. 516, 19 Okla. Crim. 151, 1921 Okla. Crim. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-state-oklacrimapp-1921.