McCafferty v. State

Court of Criminal Appeals of Oklahoma

McCafferty v. State

1926 OK CR 12, 242 P. 778, 33 Okla. Crim. 180, 1926 Okla. Crim. App. LEXIS 16

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 16, 1926

DocketNo. A-5216.

StatusPublished

This text of 1926 OK CR 12 (McCafferty 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

McCafferty v. State, 1926 OK CR 12, 242 P. 778, 33 Okla. Crim. 180, 1926 Okla. Crim. App. LEXIS 16 (Okla. Ct. App. 1926).

Pincite

Opinion

BESSEY, P. J.

Francis McCafferty, plaintiff in error, by verdict of a jury was found guilty of the illegal possession of corn whisky, with his punishment assessed at a fine of $50 and confinement in jail for SO days. '

Two peace officers saw plaintiff in error in front of the State Capitol conversing with a third person, after which he drove away in an automobile, and the officers followed him. About a half mile east of the Capitol he left the road and drove into a field or vacant ground and meandered about in an uncertain manner and finally stopped. The officers came up to where the plaintiff in error was and made a search of the grounds thereabouts, and found a 5-gallon jug of whisky in the weeds, about 150 yards away.

The whisky was not in the possession of the plaintiff in error; he was not seen to have put it where it was found, nor to have taken anything from the spot where it was; no facts or statements were shown tending to prove that it had ever been in his possession, save only the suspicious movements of the plaintiff in error, as above related. The evidence is not sufficient to support the verdict.

The cause is reversed, with directions to dismiss.

DOYLE and EDWARDS, JJ., concur.

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BESSEY, P. J.

Francis McCafferty, plaintiff in error, by verdict of a jury was found guilty of the illegal possession of corn whisky, with his punishment assessed at a fine of $50 and confinement in jail for SO days. '

Two peace officers saw plaintiff in error in front of the State Capitol conversing with a third person, after which he drove away in an automobile, and the officers followed him. About a half mile east of the Capitol he left the road and drove into a field or vacant ground and meandered about in an uncertain manner and finally stopped. The officers came up to where the plaintiff in error was and made a search of the grounds thereabouts, and found a 5-gallon jug of whisky in the weeds, about 150 yards away.

The whisky was not in the possession of the plaintiff in error; he was not seen to have put it where it was found, nor to have taken anything from the spot where it was; no facts or statements were shown tending to prove that it had ever been in his possession, save only the suspicious movements of the plaintiff in error, as above related. The evidence is not sufficient to support the verdict.

The cause is reversed, with directions to dismiss.

DOYLE and EDWARDS, JJ., concur.

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Bluebook (online)

1926 OK CR 12, 242 P. 778, 33 Okla. Crim. 180, 1926 Okla. Crim. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccafferty-v-state-oklacrimapp-1926.