Leeper v. State

Court of Criminal Appeals of Oklahoma

Leeper v. State

2 P.2d 1036, 52 Okla. Crim. 43

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 5, 1931

DocketNo. A-8104.

StatusPublished

This text of 2 P.2d 1036 (Leeper 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

Leeper v. State, 2 P.2d 1036, 52 Okla. Crim. 43 (Okla. Ct. App. 1931).

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Opinion

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ok-fuskee county of having the unlawful possession of whisky, and was sentenced to' pay a fine of $250 and to serve 90 days in the county jail.

The record discloses that at the time charged, officers with a search warrant found on premises adjoining that of defendant a half gallon of whisky. There is also' testimony that the defendant at the time said the whisky was his and that he would come in later and plead guilty. The evidence of defendant’s possession is weak.

*44 The appeal was duly lodged in this court, but no briefs in support have been filed. We are not prepared to say there is not sufficient evidence to' sustain the judgment. Justice requires that the judgment be modified by reducing the punishment assessed to a fine of $50 and confinement 30 days in the county jail.

As modified, the case is affirmed.

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PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ok-fuskee county of having the unlawful possession of whisky, and was sentenced to' pay a fine of $250 and to serve 90 days in the county jail.

The record discloses that at the time charged, officers with a search warrant found on premises adjoining that of defendant a half gallon of whisky. There is also' testimony that the defendant at the time said the whisky was his and that he would come in later and plead guilty. The evidence of defendant’s possession is weak.

*44 The appeal was duly lodged in this court, but no briefs in support have been filed. We are not prepared to say there is not sufficient evidence to' sustain the judgment. Justice requires that the judgment be modified by reducing the punishment assessed to a fine of $50 and confinement 30 days in the county jail.

As modified, the case is affirmed.

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Bluebook (online)

2 P.2d 1036, 52 Okla. Crim. 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leeper-v-state-oklacrimapp-1931.