Narrell v State

Narrell v State
1932 OK CR 66
13 P.2d 597
53 Okl.Cr. 442
Decided: 03/04/1932
Oklahoma Court of Criminal Appeals

(Syllabus.)

Intoxicating Liquors Conviction for Possession of Still Sustained.

Appeal from County Court, Okfuskee County; Arthur Cochran, Judge.

J.J. Narrell pleaded guilty of having the possession of a still, and was sentenced accordingly, and he appeals. Judgment affirmed.

S.H. Davis, for plaintiff in error.

J. Berry King, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

DAVENPORT, P.J. The plaintiff in error, hereinafter referred to as the defendant, entered his plea of

Page 443

guilty, and was sentenced by the court to pay a fine of $250, and to be imprisoned in the county jail for 60 days, and appeals.

The defendant urges that the punishment imposed is excessive, and that he should have received the same sentence as other parties who entered their pleas on the same day that the defendant entered his plea and received his sentence.

The defendant was by information charged with having possession of a still. There is nothing in the record to show any reason why the sentence of the court should be modified, or to show that the court erred in imposing the sentence upon the defendant. There is no testimony in the record, and the presumption is the court imposed such a sentence as it deemed commensurate with the crime committed.