West v. State

1931 OK CR 60, 296 P. 506, 50 Okla. Crim. 91, 1931 Okla. Crim. App. LEXIS 56

• Court: Court of Criminal Appeals of Oklahoma
• Decided: February 7, 1931
• Docket: No. A-7788.
• Status: Published

Opinion

EDW ADS, J.

The plaintiff in error, hereinafter called d ^endant, was convicted in the county court of Lin- ^ coin /iinty on a charge of having the unlawful possession i of vhisky, and was sentenced to pay a fine of f 100 and to serve 60 days in the county jail.

The record discloses that at the time charged certain officers with a search warrant went to the residence of defendant and made a search, finding about a quart of whisky. There was considerable evidence that this place of resi-Idence was a place where persons both black and white resorted for the purpose of buying and drinking intoxicating liquor, and also that it bore a reputation as a place where liquors were sold.

The principal contention made is that the evidence is insufficient, and that the court erred in admitting evidence of the reputation of the place. A predicate having been laid by showing the residence of defendant was a place of resort, the evidence of reputation was admissible.

The case is affirmed.

DAVENPORT, P. J., and CHAPPELL, J., concur.