Gregg v State

Gregg v State
1928 OK CR 98
264 P. 840
39 Okl.Cr. 221
Decided: 03/03/1928
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error Review Weight and Credibility of Evidence for Jury. In prosecution for selling intoxicating liquor, the weight and credibility of the evidence are for the jury, and verdict will not be set aside for want of evidence to support it, unless it is clearly wrong.

2. Evidence Supporting Conviction. Evidence considered, and held sufficient to support verdict and judgment of conviction.

Appeal from County Court, Kay County; J.L. Roberson, Judge.

George Gregg was convicted of selling intoxicating liquor, and he appeals. Affirmed.

Howard F. Wilson, for appellant.

Edwin Dabney, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

DOYLE, P.J. Appellant, George Gregg, was convicted on a charge of selling intoxicating liquor and in accordance with the verdict of the jury was sentenced to confinement in the county jail for 60 days and to pay a fine of $200. From the judgment an appeal was taken by filing in this court, on March 20, 1926, a petition in error with case-made, but there has been no appearance in behalf of appellant in this court.

Without the aid of oral argument or briefs we have carefully examined the record. The evidence by the state's witnesses clearly and directly established the offense against appellant. On the other hand, the evidence by the appellant, which was also supported and corroborated by the testimony of other witnesses, was clearly sufficient, if believed, to have authorized the jury to acquit him. It was peculiarly a question of

Page 222

fact to be settled by the jury and the lower court.