Boydstun v State

Boydstun v State
1938 OK CR 49
78 P.2d 1076
64 Okl.Cr. 258
Decided: 04/29/1938
Oklahoma Court of Criminal Appeals

Appeal from County Court, Ottawa County; John H. Venable, Judge.

Hardin N. (Jack) Boydstun was convicted of the unlawful possession of intoxicating liquor, and he appeals. Judgment reversed and cause remanded, with directions to dismiss.

D. H. Wilson and Perry Porter, both of Miami, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for the State.

DOYLE, J. The information in this case charged that Hardin N. (Jack) Boydstun did in Ottawa county, on or about the 26th day of February, 1937, have possession of intoxicating liquor with the unlawful intent to transport, sell or otherwise furnish the same to others. The jury returned a verdict finding him guilty as charged in the information and fixing his punishment at six months in the county jail and a fine of $500.

To reverse the judgment rendered on the verdict, April 17, 1937, he prosecutes this appeal.

The errors relied on for a reversal are: Error in overruling motion to suppress the evidence; error in overruling defendant's demurrer to the evidence, on the ground that the same was obtained under an unreasonable search and

Page 259

seizure; and error in overruling the defendant's challenge to certain jurors.

This appeal presents the questions decided in the opinion in the case of Riggs v. State, 64 Okla. Cr. 255, 78 P.2d 1075, opinion this day handed down.

The issues in these cases have heretofore been before this court in an indirect manner, in that much of the propedure on the trial was referred to and reviewed in the case of Fisk v. Venable, 61 Okla. Cr. 360, 68 P.2d 425.