Marshall v. State

Court of Criminal Appeals of Oklahoma

Marshall v. State

1953 OK CR 176, 264 P.2d 770, 97 Okla. Crim. 398, 1953 Okla. Crim. App. LEXIS 341

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 16, 1953

DocketA-11877

StatusPublished

Cited by3 cases

This text of 1953 OK CR 176 (Marshall 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

Marshall v. State, 1953 OK CR 176, 264 P.2d 770, 97 Okla. Crim. 398, 1953 Okla. Crim. App. LEXIS 341 (Okla. Ct. App. 1953).

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Opinion

POWELL, P. J.

Here the defendant was charged in the court of common pleas of Tulsa county with the unlawful possession of one-half pint of intoxicating liquor, with the intention to sell.

The possession of such quantity of liquor would not have been unlawful if for the personal use of the accused. Tit. 37 O.S. 1951 § 82; Thomas v. State, 70 Okla. Cr. 404, 106 P. 2d 836. On trial the state would have been required to produce competent evidence tending to show such intent. But the accused entered a plea of guilty, and was by the court fined $75, and costs, and sentenced to serve 30 days in the county jail. Appeal has been perfected to this court, but brief in support of the petition in error has not been filed.

We find no error in the record, and the case is affirmed.

JONES and BRETT, JJ., concur.

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POWELL, P. J.

Here the defendant was charged in the court of common pleas of Tulsa county with the unlawful possession of one-half pint of intoxicating liquor, with the intention to sell.

The possession of such quantity of liquor would not have been unlawful if for the personal use of the accused. Tit. 37 O.S. 1951 § 82; Thomas v. State, 70 Okla. Cr. 404, 106 P. 2d 836. On trial the state would have been required to produce competent evidence tending to show such intent. But the accused entered a plea of guilty, and was by the court fined $75, and costs, and sentenced to serve 30 days in the county jail. Appeal has been perfected to this court, but brief in support of the petition in error has not been filed.

We find no error in the record, and the case is affirmed.

JONES and BRETT, JJ., concur.

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Bluebook (online)

1953 OK CR 176, 264 P.2d 770, 97 Okla. Crim. 398, 1953 Okla. Crim. App. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-state-oklacrimapp-1953.

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