Mitchell v State

Mitchell v State
1926 OK CR 15
242 P. 777
33 Okl.Cr. 63
Decided: 01/22/1926
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Conviction for Illegal Possession Held Supported by Evidence.

Appeal from County Court, Harmon County; Harry C. Hicks, Judge.

Oscar Mitchell and Earl Mitchell were convicted of unlawful possession of intoxicating liquor, and they appeal. Affirmed.

A.S. Wells, for plaintiffs in error.

The Attorney General, for the State.

DOYLE, J. Under an information charging that in Harmon county, May 15, 1924, Oscar Mitchell and Earl Mitchell did have in their possession certain intoxicating liquor, to wit, about five gallons of choc and mash, which contained more than one-half of 1 per cent. of alcohol, measured by volume, and capable of being used as a beverage, with the unlawful intent to violate provisions of the prohibitory law, they were jointly tried and convicted, and in accordance with the verdict of the jury were each sentenced to pay a fine of $50 and be confined in the county jail for 30 days.

The appeal was lodged in this court December 9, 1924. No brief has been filed in behalf of the plaintiffs in error, and no appearance was made to orally argue the case at the time of its submission.

An examination of the record leaves no reasonable question in our mind as to the sufficiency of the evidence

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