Kelly v. State

Court of Criminal Appeals of Oklahoma

Kelly v. State

132 P. 1194, 9 Okla. Crim. 735

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 25, 1913

StatusPublished

This text of 132 P. 1194 (Kelly 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

Kelly v. State, 132 P. 1194, 9 Okla. Crim. 735 (Okla. Ct. App. 1913).

Pincite

Opinion

FURMAN, J.

Appellant was convicted in the county court of Ottawa county for the offense of selling whisky, and his punishment was assessed at a fine of fifty dollars and thirty day’s confinement in the county jail. There is a square conflict in the evidence. If the testimony for the state is true the verdict is proper.' If the testimony for the defense is true appellant should have been acquitted. But this was a question for the jury to' determine, and as they have accepted the testimony for the state and found appellant guilty, we have no right to look behind their verdict. The judgment of the lower court is therefore affirmed. The mandate in this case will be stayed until the 1st day of October, 1913.

ARMSTRONG, P. J., and DOYLE, J. concur.

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FURMAN, J.

Appellant was convicted in the county court of Ottawa county for the offense of selling whisky, and his punishment was assessed at a fine of fifty dollars and thirty day’s confinement in the county jail. There is a square conflict in the evidence. If the testimony for the state is true the verdict is proper.' If the testimony for the defense is true appellant should have been acquitted. But this was a question for the jury to' determine, and as they have accepted the testimony for the state and found appellant guilty, we have no right to look behind their verdict. The judgment of the lower court is therefore affirmed. The mandate in this case will be stayed until the 1st day of October, 1913.

ARMSTRONG, P. J., and DOYLE, J. concur.

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Bluebook (online)

132 P. 1194, 9 Okla. Crim. 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-state-oklacrimapp-1913.