Webb v. State

Court of Criminal Appeals of Oklahoma

Webb v. State

1941 OK CR 112, 116 P.2d 212, 72 Okla. Crim. 346, 1941 Okla. Crim. App. LEXIS 111

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 13, 1941

DocketNo. A-9879.

StatusPublished

Cited by1 cases

This text of 1941 OK CR 112 (Webb 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

Webb v. State, 1941 OK CR 112, 116 P.2d 212, 72 Okla. Crim. 346, 1941 Okla. Crim. App. LEXIS 111 (Okla. Ct. App. 1941).

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Opinion

BAREFOOT, P. J.

Defendant, Susie Webb, was charged in the county court of Garfield county with the unlawful possession of intoxicating liquor, to wit, eight pints of whisky and four half-pints of alcohol; was tried, convicted and sentenced by the court to pay a fine of $250 and serve four months in the county jail.

The appeal in this case was filed in this court on the 3rd day of June, 1940. No brief has been filed by the defendant in support of the errors assigned, and no oral argument presented. Under the rules of the court, we have examined the record and have read the evidence; have examined the information and instructions of the court. We have found no fundamental error in the trial. The jury returned a verdict of guilty and left the punishment to the court, and the defendant was assessed a fine of $250 and four months in the county jail.

There is evidence showing that defendant persisted in conducting the place of' business of her husband, who was in jail for a violation of the liquor law, but taking all the facts into consideration, we are of the opinion that justice would be subserved by modifying the judgment and sentence in this case from a fine of $250 and four months in jail to' a fine of $250 and thirty days inj jail, and it is so ordered.

JONES, J., concurs. DOYLE, J., absent.

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BAREFOOT, P. J.

Defendant, Susie Webb, was charged in the county court of Garfield county with the unlawful possession of intoxicating liquor, to wit, eight pints of whisky and four half-pints of alcohol; was tried, convicted and sentenced by the court to pay a fine of $250 and serve four months in the county jail.

The appeal in this case was filed in this court on the 3rd day of June, 1940. No brief has been filed by the defendant in support of the errors assigned, and no oral argument presented. Under the rules of the court, we have examined the record and have read the evidence; have examined the information and instructions of the court. We have found no fundamental error in the trial. The jury returned a verdict of guilty and left the punishment to the court, and the defendant was assessed a fine of $250 and four months in the county jail.

There is evidence showing that defendant persisted in conducting the place of' business of her husband, who was in jail for a violation of the liquor law, but taking all the facts into consideration, we are of the opinion that justice would be subserved by modifying the judgment and sentence in this case from a fine of $250 and four months in jail to' a fine of $250 and thirty days inj jail, and it is so ordered.

JONES, J., concurs. DOYLE, J., absent.

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Bluebook (online)

1941 OK CR 112, 116 P.2d 212, 72 Okla. Crim. 346, 1941 Okla. Crim. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-state-oklacrimapp-1941.

Opinion

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