Johnson v. State

Court of Criminal Appeals of Oklahoma

Johnson v. State

1918 OK CR 72, 174 P. 295, 14 Okla. Crim. 567, 1918 Okla. Crim. App. LEXIS 186

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 24, 1918

DocketNo. A-2962.

StatusPublished

This text of 1918 OK CR 72 (Johnson 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

Johnson v. State, 1918 OK CR 72, 174 P. 295, 14 Okla. Crim. 567, 1918 Okla. Crim. App. LEXIS 186 (Okla. Ct. App. 1918).

Pincite

Opinion

PER CURIAM.

Charley Johnson was convicted in the county court of Osage county of the crime of unlawful possession of intoxicating liquors, and sentenced to serve 30 days in the county jail and pay a fine of $50, the mini *568 mum punishment prescribed by the statute for .such offense.

The evidence discloses on the part of the state the possession by the’ defendant of 35 pints of whisky buried in a barrel in his calf lot, about 30 yards from his house in Osage county, Okla. The barrel containing this whisky was thoroughly covered with dirt and had a sort of trapdoor or opening in the top side of the barrel big enough for a person to reach in through the opening'and obtain the whisky. Several officers armed with a search warrant made the discovery of this whisky and arrested the defendant, who was living at that time on the premises. There was no evidence introduced on behalf of the defendant. Counsel rely upon the insufficiency of the state’s proof and upon certain instructions which it is contended were prejudicial and misleading.

It is the opinion of the court that the evidence is amply sufficient to sustain the judgment. The instructions of the court, when considered as a whole, sufficiently covered the law of the case and are as favorable to the defendant as the evidence warranted.

The judgment is affirmed.

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PER CURIAM.

Charley Johnson was convicted in the county court of Osage county of the crime of unlawful possession of intoxicating liquors, and sentenced to serve 30 days in the county jail and pay a fine of $50, the mini *568 mum punishment prescribed by the statute for .such offense.

The evidence discloses on the part of the state the possession by the’ defendant of 35 pints of whisky buried in a barrel in his calf lot, about 30 yards from his house in Osage county, Okla. The barrel containing this whisky was thoroughly covered with dirt and had a sort of trapdoor or opening in the top side of the barrel big enough for a person to reach in through the opening'and obtain the whisky. Several officers armed with a search warrant made the discovery of this whisky and arrested the defendant, who was living at that time on the premises. There was no evidence introduced on behalf of the defendant. Counsel rely upon the insufficiency of the state’s proof and upon certain instructions which it is contended were prejudicial and misleading.

It is the opinion of the court that the evidence is amply sufficient to sustain the judgment. The instructions of the court, when considered as a whole, sufficiently covered the law of the case and are as favorable to the defendant as the evidence warranted.

The judgment is affirmed.

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Bluebook (online)

1918 OK CR 72, 174 P. 295, 14 Okla. Crim. 567, 1918 Okla. Crim. App. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-oklacrimapp-1918.