Penley v State

Penley v State
1931 OK CR 134
297 P. 307
50 Okl.Cr. 218
Decided: 03/21/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Conviction for Possession Sustained With Punishment Reduced.

Appeal from County Court, Pottawatomie County; Leroy G. Cooper, Judge.

Page 219

Earl Penley was convicted of having the illegal possession of intoxicating liquor, and he appeals. Modified and, as modified, affirmed.

John T. Levergood, for plaintiff in error.

J. Berry King, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Pottawatomie county for having the illegal possession of whisky and was sentenced to pay a fine of $500 and to serve six months in the county jail.

Certain officers with a search warrant searched the residence of defendant and found two and one-half gallons of whisky and a number of empty bottles. Only one witness testified for the state. Defendant did not testify and offered no evidence. The jury did not agree on the punishment and same was assessed by the court.