Jacobs v. State

Court of Criminal Appeals of Oklahoma

Jacobs v. State

1926 OK CR 62, 243 P. 988, 33 Okla. Crim. 286, 1926 Okla. Crim. App. LEXIS 58

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 27, 1926

DocketNo. A-5398.

StatusPublished

This text of 1926 OK CR 62 (Jacobs 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

Jacobs v. State, 1926 OK CR 62, 243 P. 988, 33 Okla. Crim. 286, 1926 Okla. Crim. App. LEXIS 58 (Okla. Ct. App. 1926).

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Opinion

DOYLE, J.

The information in this case charges that in Muskogee county, August 22, 1924, Will Jacobs did sell to J. E. Hefley, one-half pint of whisky. The jury returned a verdict finding him guilty, leaving the punishment to the court. November 22, 1924, he was sentenced to pay a fine of $200 and to be confined. in the county jail for 60 days. !H|e has appealed from the judgment.

The only errors assigned are that the evidence is insufficient to sustain the verdict, and that the court erred in overruling the demurrer to the information. *287 The information is sufficient and the demurrer thereto was properly overruled.

The witnesses Hefley and Davis each testified to the sale and the payment by Hefley to the defendant the $1.25 for the half pint of whisky. The defendant testified and admitted that he was present at the time, hut denied the sale. Obviously the case was one for the determination of the jury. Finding no prejudicial •error of law, the judgment is affirmed.

BESSEY, P. J., and EDWARDS, J., concur.

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DOYLE, J.

The information in this case charges that in Muskogee county, August 22, 1924, Will Jacobs did sell to J. E. Hefley, one-half pint of whisky. The jury returned a verdict finding him guilty, leaving the punishment to the court. November 22, 1924, he was sentenced to pay a fine of $200 and to be confined. in the county jail for 60 days. !H|e has appealed from the judgment.

The only errors assigned are that the evidence is insufficient to sustain the verdict, and that the court erred in overruling the demurrer to the information. *287 The information is sufficient and the demurrer thereto was properly overruled.

The witnesses Hefley and Davis each testified to the sale and the payment by Hefley to the defendant the $1.25 for the half pint of whisky. The defendant testified and admitted that he was present at the time, hut denied the sale. Obviously the case was one for the determination of the jury. Finding no prejudicial •error of law, the judgment is affirmed.

BESSEY, P. J., and EDWARDS, J., concur.

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Bluebook (online)

1926 OK CR 62, 243 P. 988, 33 Okla. Crim. 286, 1926 Okla. Crim. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-state-oklacrimapp-1926.