Lindsey v State

Lindsey v State
1913 OK CR 215
132 P. 1194
9 Okl.Cr. 730
Case Number: No. A-1602
Decided: 06/07/1913
Oklahoma Court of Criminal Appeals

Appeal from Murray County Court; Harry W. Fielding, Judge.

Horace Lindsey was convicted of a violation of the prohibitory law, and appeals. Reversed.

W.N. Lewis and Emanuel & Broadbent, for plaintiff in error.

Chas. West, Atty. Gen., Smith C. Matson and E.G. Spilman, Asst. Attys. Gen., for the State.

PER CURIAM. The plaintiff in error was convicted in the county court of Murray county on an information which after stating the time and venue charged: "Did then and there have in his possession beer and whisky for the unlawful purpose of unlawful sale." Upon his trial the jury returned a verdict of guilty. Motion for new trial was filed and overruled, and on November 13th, 1911, he was sentenced to be confined in the county jail for ninety days and to pay a fine of three hundred dollars. To reverse this judgment an appeal was taken. It is contended that the verdict is contrary to the evidence and contrary to law. The sheriff and his deputy testified that in serving a search warrant they found at the home of the defendant six bottles of beer in a candy bucket on ice, and ten bottles of beer in a sack under a bed, and a bottle of alcohol in a trunk. The defendant conducted a small country store near the river bridge, west of Davis. There was no evidence of the defendant's intent to violate any provisions of the prohibition law.