Bindrum v. State

• Decision Date: 25 August 1924
• Docket Number: A-4647.
• Citation: 228 P. 168,27 Okla.Crim. 372
• Parties: BINDRUM v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

228 P. 168

27 Okla.Crim. 372

BINDRUM v. STATE.

No. A-4647.

Court of Criminal Appeals of Oklahoma

August 25, 1924

Syllabus by the Court.

Where the Attorney General confesses error, this court will examine the record, and, if the confession is sustained thereby, and is well founded in law, the conviction will be reversed.

Additional Syllabus by Editorial Staff.

In a prosecution for the unlawful possession of intoxicating liquor, the admission of bottles containing liquid, on which was pasted the result of an analysis by an alleged chemist who was not a witness, held hearsay evidence, and prejudicial to the rights of defendant.

Appeal from County Court, Woods County; J. J. Glaser, Judge.

John Bindrum was convicted of having unlawful possession of intoxicating liquor, and he appeals.Reversed.

L. T Wilson and C. H. Mauntel, both of Alva, for plaintiff in error.

George F. Short, Atty. Gen., and N.W. Gore, Asst. Atty. Gen., for the State.

MATSON P.J.

This is an appeal from the county court of Woods county wherein the plaintiff in error was convicted of having unlawful possession of certain intoxicating liquor and by the judgment of said court sentenced to pay a fine of $300 and suffer imprisonment in the county jail for a period of 30 days.

Numerous errors are assigned as grounds for reversal, among which is assignment No. 11, that the trial court erred in admitting illegal and incompetent evidence against the defendant over his timely objection and exception.

The defendant was charged with having on the 5th day of February, 1923, at and within Woods county the unlawful possession of certain intoxicating liquors, to wit, grape wine, with the unlawful intent on the part of him the said defendant then and there to barter, sell, trade, and otherwise furnish the same, and with the unlawful intent on the part of him the said defendant to then and there transport, convey, and carry the same, contrary to the prohibitory laws of the state of Oklahoma, etc.

The Attorney General has filed the following confession of error:

"This is an appeal from a judgment of the county court of Woods county, wherein plaintiff in error was found guilty of the crime of unlawful possession of intoxicating liquors and sentenced to pay a fine of $300 and be imprisoned in the county jail for a period of 30 days.Plaintiff in error was charged with having possession of a large quantity of home-made grape wine, to wit, three barrels.When the officers searched the premises and found the wine, they took possession of same and drew out of each

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