Cantley v State

Cantley v State
1926 OK CR 196
246 P. 883
34 Okl.Cr. 343
Decided: 05/08/1926
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Evidence Held to Sustain Conviction for Transporting.

Appeal from County Court, Ottawa County; Wm. M. Thomas, Judge.

Bert Cantley was convicted of transporting whisky, and appeals. Affirmed.

Page 344

W.R. Chesnut, for plaintiff in error.

Geo. F. Short, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant was convicted in the county court of Ottawa county on a charge of unlawfully transporting whisky, and sentenced to serve 30 days in the county jail and to pay a fine of $200.

The only assignment of error argued is that the evidence is insufficient to sustain the verdict. The evidence shows that on the 29th of June, 1924, the defendant and one Pearl Reeves were driving on the highway just out of the town of Picher. A deputy sheriff came up with them near the town, and the defendant, with a hammer, broke a half-gallon jug in front of the car he was driving, and the contents ran out. The deputy sheriff testified that it was whisky.

Pearl Reeves, testifying for her codefendant, stated that she and defendant were taking a ride; the jug was in the front of the car, but she did not know what it contained and whether or not defendant broke it. Defendant did not take the stand.