Lamb v. State

Court of Criminal Appeals of Oklahoma

Lamb v. State

1924 OK CR 244, 230 P. 274, 28 Okla. Crim. 295, 1924 Okla. Crim. App. LEXIS 263

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 13, 1924

DocketNo. A-4614.

StatusPublished

This text of 1924 OK CR 244 (Lamb 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

Lamb v. State, 1924 OK CR 244, 230 P. 274, 28 Okla. Crim. 295, 1924 Okla. Crim. App. LEXIS 263 (Okla. Ct. App. 1924).

Pincite

Opinion

DOYLE, J.

Walter Lamb was convicted on a charge that he did have in his possession about five and one-half gallons of whisky with intent to sell the same, and his punishment fixed at a fine of $150 and confinement in the county jail for 60 days. The errors assigned question the sufficiency of the evidence to sustain the verdict.

The undisputed facts are that the defendant on the date alleged drove from his home in Pontotoc county to the town of Davis in a Ford truck, arriving about the noon hour. The officers testified that he found twelve half gallon fruit jars *296 containing whisky in the car, and proceeded np to the restaurant where the defendant was eating dinner, and arrested him ; that the defendant admitted the whisky belonged to him.

As a! witness in his own behalf the defendant denied stating to the sheriff that he owned the whisky; that he drove to town from his home near Roff, Pontotoc county, with his wife and children in the ear, and left his car standing near his mother-in-law’s, Mrs. Ellis’, in the town of Davis, and that there was no whisky in it at that time; that he left the car, going to the restaurant for his dinner, and in about 30 minutes the officer walked in and arrested him, stating that he had found the whisky in his car.

The only question presented in the case was a question of fact exclusively for the determination of the jury.

Upon an examination of the record we find no material error. The judgment is therefore affirmed.

MATSON, P. J., and BESSEY, J., concur.

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DOYLE, J.

Walter Lamb was convicted on a charge that he did have in his possession about five and one-half gallons of whisky with intent to sell the same, and his punishment fixed at a fine of $150 and confinement in the county jail for 60 days. The errors assigned question the sufficiency of the evidence to sustain the verdict.

The undisputed facts are that the defendant on the date alleged drove from his home in Pontotoc county to the town of Davis in a Ford truck, arriving about the noon hour. The officers testified that he found twelve half gallon fruit jars *296 containing whisky in the car, and proceeded np to the restaurant where the defendant was eating dinner, and arrested him ; that the defendant admitted the whisky belonged to him.

As a! witness in his own behalf the defendant denied stating to the sheriff that he owned the whisky; that he drove to town from his home near Roff, Pontotoc county, with his wife and children in the ear, and left his car standing near his mother-in-law’s, Mrs. Ellis’, in the town of Davis, and that there was no whisky in it at that time; that he left the car, going to the restaurant for his dinner, and in about 30 minutes the officer walked in and arrested him, stating that he had found the whisky in his car.

The only question presented in the case was a question of fact exclusively for the determination of the jury.

Upon an examination of the record we find no material error. The judgment is therefore affirmed.

MATSON, P. J., and BESSEY, J., concur.

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Bluebook (online)

1924 OK CR 244, 230 P. 274, 28 Okla. Crim. 295, 1924 Okla. Crim. App. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamb-v-state-oklacrimapp-1924.