Foster v State

Foster v State
1929 OK CR 441
281 P. 811
45 Okl.Cr. 146
Decided: 10/19/1929
Oklahoma Court of Criminal Appeals

(Syllabus.)

Syllabus Adopted.

Appeal from County Court, Oklahoma County; C.C. Christison, Judge.

Ralph Foster and another were convicted of having possession of intoxicating liquor, and they appeal. Affirmed.

Sam S. Gill, for plaintiffs in error.

The Attorney General, for the State.

CHAPPELL, J. The plaintiffs in error, hereinafter called defendants, were convicted in the county court of Oklahoma county on a charge of having possession of intoxicating liquor, and their punishment fixed at a fine of $50 and imprisonment in the county jail for 30 days for each of them.

In the case at bar, the information charged the defendants with the illegal possession of 17 gallons of whisky on the 20th day of April, 1927, in Oklahoma county, Okla. In case No. A-6808, 45 Okla. Cr. 147, 281 P. 810, the defendants were charged with possession of a whisky still on the 20th day of April, 1927, in Oklahoma

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county, Okla. Both charges arose out of the arrest of the defendants by the same officers. By agreement of the state and the defendants, both cases were tried at the same time to the same jury on the same evidence, and the record in each case is identical. The jury returned four verdicts, two against each defendant, and the court entered four judgments and sentences of 30 days' imprisonment and $50 fine against each of the defendants in the two cases. By agreement of the state and the defendants, the court instructed the jury orally.