La Fayette Waters and Foster v. State

Court of Criminal Appeals of Oklahoma

La Fayette Waters and Foster v. State

1911 OK CR 449, 117 P. 882, 6 Okla. Crim. 650, 1911 Okla. Crim. App. LEXIS 354

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 30, 1911

DocketNo. A-173.

StatusPublished

This text of 1911 OK CR 449 (La Fayette Waters and Foster 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

La Fayette Waters and Foster v. State, 1911 OK CR 449, 117 P. 882, 6 Okla. Crim. 650, 1911 Okla. Crim. App. LEXIS 354 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

An -examination of the evidence in the case discloses the fact that the certified copy of a record in the internal revenue collector's office, showing the payment of the special tax required of retail liquor dealers offered in evidence was paid for, and issued, to the defendant Waters alone and this is the principal criminating circumstance in the case. The defendant Waters testified that the intoxicating liquor, to wit, a barrel of beer, was his individual property. Under these uncontradieted facts the evidence is insufficient to sustain the verdict as to the defendant Shagg Foster and for this reason we find that the verdict of guilty as to the defendant Foster is contrary to the evidence and the judgment is therefore reversed in so far as it relates to the defendant Shagg Foster. As to the defendant La Fayette Waters our conclusion is that the jury made no mistake in returning their verdict of guilty. The petition for rehearing as to the defendant La Fayette Waters is denied and the judgment against said- defendant is affirmed and remanded with direction to the county court of Pittsburg county to enforce the judgment as to this defendant.

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PER CURIAM.

An -examination of the evidence in the case discloses the fact that the certified copy of a record in the internal revenue collector's office, showing the payment of the special tax required of retail liquor dealers offered in evidence was paid for, and issued, to the defendant Waters alone and this is the principal criminating circumstance in the case. The defendant Waters testified that the intoxicating liquor, to wit, a barrel of beer, was his individual property. Under these uncontradieted facts the evidence is insufficient to sustain the verdict as to the defendant Shagg Foster and for this reason we find that the verdict of guilty as to the defendant Foster is contrary to the evidence and the judgment is therefore reversed in so far as it relates to the defendant Shagg Foster. As to the defendant La Fayette Waters our conclusion is that the jury made no mistake in returning their verdict of guilty. The petition for rehearing as to the defendant La Fayette Waters is denied and the judgment against said- defendant is affirmed and remanded with direction to the county court of Pittsburg county to enforce the judgment as to this defendant.

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Bluebook (online)

1911 OK CR 449, 117 P. 882, 6 Okla. Crim. 650, 1911 Okla. Crim. App. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-fayette-waters-and-foster-v-state-oklacrimapp-1911.