Stokes v. State

Court of Criminal Appeals of Oklahoma

Stokes v. State

1926 OK CR 322, 249 P. 171, 35 Okla. Crim. 85, 1926 Okla. Crim. App. LEXIS 327

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 8, 1926

DocketNo. A-5666.

StatusPublished

This text of 1926 OK CR 322 (Stokes 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

Stokes v. State, 1926 OK CR 322, 249 P. 171, 35 Okla. Crim. 85, 1926 Okla. Crim. App. LEXIS 327 (Okla. Ct. App. 1926).

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Opinion

DOYLE, J.

The information charges that in Okmulgee county, October 6, 1923, Frank Stokes did have possession of certain intoxicating liquor, to wit, 15 gallons of Choctaw beer, with the unlawful intent to sell the same. On the trial the jury returned a verdict finding the defendant guilty and fixing his punishment at confinement in the county jail for 30 days and a fine of $500. From the judgment rendered thereon, an appeal by transcript of the record proper was taken.

On the record before us we find that the information was sufficient, and the demurrer thereto was properly overruled. No objection was made nor exception saved to the instructions as given by the court. In the absence of a transcript of the testimony taken upon the trial, the other assignments of error are not presented by the record. The judgment appealed from is therefore affirmed.

BESSEY, P. J., and EDWARDS, J., concur.

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DOYLE, J.

The information charges that in Okmulgee county, October 6, 1923, Frank Stokes did have possession of certain intoxicating liquor, to wit, 15 gallons of Choctaw beer, with the unlawful intent to sell the same. On the trial the jury returned a verdict finding the defendant guilty and fixing his punishment at confinement in the county jail for 30 days and a fine of $500. From the judgment rendered thereon, an appeal by transcript of the record proper was taken.

On the record before us we find that the information was sufficient, and the demurrer thereto was properly overruled. No objection was made nor exception saved to the instructions as given by the court. In the absence of a transcript of the testimony taken upon the trial, the other assignments of error are not presented by the record. The judgment appealed from is therefore affirmed.

BESSEY, P. J., and EDWARDS, J., concur.

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Bluebook (online)

1926 OK CR 322, 249 P. 171, 35 Okla. Crim. 85, 1926 Okla. Crim. App. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-v-state-oklacrimapp-1926.