Johnson v. State

Court of Criminal Appeals of Oklahoma

Johnson v. State

1956 OK CR 107, 302 P.2d 797, 1956 Okla. Crim. App. LEXIS 241

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 17, 1956

DocketNo. A-12318

StatusPublished

This text of 1956 OK CR 107 (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, 1956 OK CR 107, 302 P.2d 797, 1956 Okla. Crim. App. LEXIS 241 (Okla. Ct. App. 1956).

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Opinion

J.ONES, Presiding Judge.

Defendant Harold Shelton Johnson was charged by an information filed in the Municipal Criminal Court, of the City of Tulsa with operating a motor'vehicle on a public highway while under, the influence of intoxicating liquor, was tried, convicted and sentenced to serve 10 days in the county jail and to pay a fine of $100 and has appealed.

The proof of the State showed that the defendant ran a stop light at the. intersection of Admiral and Peoria, streets in the City of Tulsa and collided with an automobile being driven by one Troy Yocham. Although proof of defendant’s intoxication was not strong, we cannot say from an examination of the record that -there- was an absence of such proof.' The State’s proof showed defendant was quite disturbed over the welfare of the occupants of the Yocham automobile, but it also [798]*798showed that defendant’s breath- smelled strongly of alcohol and one of the’witnesses was emphatic in stating that the accused was intoxicated. The accused himself admitted on cross-examination that he had drunk about five glasses of beer immediately before the collision occurred.

No brief has been filed on behalf of the accused.

Affirmed.

BRETT and POWELL, JJ., concur.

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J.ONES, Presiding Judge.

Defendant Harold Shelton Johnson was charged by an information filed in the Municipal Criminal Court, of the City of Tulsa with operating a motor'vehicle on a public highway while under, the influence of intoxicating liquor, was tried, convicted and sentenced to serve 10 days in the county jail and to pay a fine of $100 and has appealed.

The proof of the State showed that the defendant ran a stop light at the. intersection of Admiral and Peoria, streets in the City of Tulsa and collided with an automobile being driven by one Troy Yocham. Although proof of defendant’s intoxication was not strong, we cannot say from an examination of the record that -there- was an absence of such proof.' The State’s proof showed defendant was quite disturbed over the welfare of the occupants of the Yocham automobile, but it also [798]*798showed that defendant’s breath- smelled strongly of alcohol and one of the’witnesses was emphatic in stating that the accused was intoxicated. The accused himself admitted on cross-examination that he had drunk about five glasses of beer immediately before the collision occurred.

No brief has been filed on behalf of the accused.

Affirmed.

BRETT and POWELL, JJ., concur.

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Bluebook (online)

1956 OK CR 107, 302 P.2d 797, 1956 Okla. Crim. App. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-oklacrimapp-1956.