Caffee v. State
| Decision Date | 19 January 1915 |
| Docket Number | A-2085. |
| Parties | CAFFEE v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
In a prosecution for misdemeanor, the information was sworn to before the clerk of the court, and a motion to quash on the ground that the information is not sworn to and verified in the manner required by law was overruled. Held, that the administration of an oath by an officer authorized to administer oaths is a ministerial, and not a judicial, act wherefore the motion to quash was properly overruled.
In a trial for possession of intoxicating liquor with intent to sell the same, where the proof shows such possession at a place of public resort, and that such place was used for the purpose of selling intoxicating liquor, evidence of the general reputation of the place is admissible on the question of intent.
Appeal from Superior Court, Muskogee County; Farrar L. McCain Judge.
George Caffee was convicted of a violation of the prohibition law and appeals. Affirmed.
De Roos Bailey, J. E. Wyand, and Chas. A. Moon, all of Muskogee, for plaintiff in error.
Chas West, Atty. Gen., and C.J. Davenport, Asst. Atty. Gen., for the State.
This appeal is prosecuted from a conviction had in the superior court of Muskogee county on the 5th day of July, 1913, in which the defendant was found guilty of the offense of having the unlawful possession of intoxicating liquors with intent to sell the same. The jury fixed the punishment at a fine of $200 and confinement in the county jail for 50 days.
The evidence shows that the defendant's place of business was known as the "Busy Drug Store," located at 110 North Second street, Muskogee. On the day named in the information three officers searched the place and found the defendant behind the prescription case. The defendant dropped a whisky bottle in a tub with the remark that he and a friend had just taken a drink. The officers found there 60 half pints, 14 pints, and 2 quarts of whisky.
Over the objection of the defendant, three witnesses were permitted to testify that they knew the general reputation of the defendant's drug store as being a place where intoxicating liquors were sold and kept for sale.
The state introduced a certified copy of the records of the internal revenue collector showing the payment of the special tax required of liquor dealers by the United States covering the "Busy Drug Store," "Geo. C. Caffee," 110 North Second street, Muskogee, Okl.
The first question presented upon the record is the sufficiency of the verification.
Upon arraignment the defendant filed a motion to quash the information on the ground that the same is not sworn to and verified in the manner required by law. The record shows that the information was sworn...
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