Triplett v. State

Court of Criminal Appeals of Oklahoma

Triplett v. State

1929 OK CR 481, 282 P. 179, 45 Okla. Crim. 113, 1929 Okla. Crim. App. LEXIS 478

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 2, 1929

DocketNo. A-6903.

StatusPublished

This text of 1929 OK CR 481 (Triplett 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

Triplett v. State, 1929 OK CR 481, 282 P. 179, 45 Okla. Crim. 113, 1929 Okla. Crim. App. LEXIS 478 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of McCurtain county on a charge of transporting whisky and was sentenced to pay a fine of $100 and to serve. 30 days in the county jail.

The record discloses that at the time charged defendant went to the store of one Kennedy and put a pint of whisky on the shelf in a back room. Before placing the whisky there he was seen to talk with Kennedy, whom the evidence discloses was a user of intoxicating liquor. There appears to be no question of the guilt of defendant. The contention is made that there is no evidence that the whisky was transported from any place unknown to the store building of Kennedy. There is no direct and positive evidence of this fact, but it is self-evident that, if defendant deposited the whisky there, it must have been transported from some other place.

It is next argued that the court erred in failing to give a requested instruction on circumstantial evidence. The case does not depend on circumstantial evidence alone, and therefore it was not error to refuse the instruction.

The case is affirmed.

DAVENPORT and CHAPPELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of McCurtain county on a charge of transporting whisky and was sentenced to pay a fine of $100 and to serve. 30 days in the county jail.

The record discloses that at the time charged defendant went to the store of one Kennedy and put a pint of whisky on the shelf in a back room. Before placing the whisky there he was seen to talk with Kennedy, whom the evidence discloses was a user of intoxicating liquor. There appears to be no question of the guilt of defendant. The contention is made that there is no evidence that the whisky was transported from any place unknown to the store building of Kennedy. There is no direct and positive evidence of this fact, but it is self-evident that, if defendant deposited the whisky there, it must have been transported from some other place.

It is next argued that the court erred in failing to give a requested instruction on circumstantial evidence. The case does not depend on circumstantial evidence alone, and therefore it was not error to refuse the instruction.

The case is affirmed.

DAVENPORT and CHAPPELL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1929 OK CR 481, 282 P. 179, 45 Okla. Crim. 113, 1929 Okla. Crim. App. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/triplett-v-state-oklacrimapp-1929.