Rhea v. State

Court of Criminal Appeals of Oklahoma

Rhea v. State

1932 OK CR 154, 13 P.2d 1118, 54 Okla. Crim. 33, 1932 Okla. Crim. App. LEXIS 150

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 2, 1932

DocketNo. A-8410.

StatusPublished

This text of 1932 OK CR 154 (Rhea 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

Rhea v. State, 1932 OK CR 154, 13 P.2d 1118, 54 Okla. Crim. 33, 1932 Okla. Crim. App. LEXIS 150 (Okla. Ct. App. 1932).

Pincite

Opinion

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Okfuskee county of selling whisky, and he was sentenced to pay a fine of $350 and to serve four months in the county jail.

The record discloses that two deputies of the sheriff’s office went to a filling station operated by defendant and bought a half pint of whisky for the sum of 75 cents. Only one of these parties testified. Defendant testified these parties attempted to buy whisky from him, that he refused to' sell, and that a quarrel followed. He offered some testimony in support of his defense. Defendant had prior thereto been convicted for selling whisky to a minor and served a term in the penitentiary. The case presents an issue of fact which the jury by their verdict decided adversely to defendant’s contention. Complaint ,is made that the county attorney was permitted to ask about the search of defendant’s filling station at other times and of the finding of whisky there at other times and about other claimed offenses. We are satisfied that too much liberty was allowed the state, and for this reason the judg *34 ment is modified to a fine of $200 and to a term of 60 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 Okfuskee county of selling whisky, and he was sentenced to pay a fine of $350 and to serve four months in the county jail.

The record discloses that two deputies of the sheriff’s office went to a filling station operated by defendant and bought a half pint of whisky for the sum of 75 cents. Only one of these parties testified. Defendant testified these parties attempted to buy whisky from him, that he refused to' sell, and that a quarrel followed. He offered some testimony in support of his defense. Defendant had prior thereto been convicted for selling whisky to a minor and served a term in the penitentiary. The case presents an issue of fact which the jury by their verdict decided adversely to defendant’s contention. Complaint ,is made that the county attorney was permitted to ask about the search of defendant’s filling station at other times and of the finding of whisky there at other times and about other claimed offenses. We are satisfied that too much liberty was allowed the state, and for this reason the judg *34 ment is modified to a fine of $200 and to a term of 60 days in the county jail.

As modified, the case is affirmed.

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Bluebook (online)

1932 OK CR 154, 13 P.2d 1118, 54 Okla. Crim. 33, 1932 Okla. Crim. App. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhea-v-state-oklacrimapp-1932.