Cameron v. State
| Citation | 167 P. 339,13 Okla.Crim. 692,1917 OK CR 152 |
| Decision Date | 28 July 1917 |
| Docket Number | A-2733. |
| Parties | CAMERON ET AL. v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Rehearing Denied Sept. 25, 1917.
Syllabus by the Court.
Evidence examined, and held sufficient to sustain a judgment of conviction for maintaining a liquor nuisance.
Where defendants are charged with maintaining a liquor nuisance evidence of the general reputation of the place, as to its being a place where intoxicating liquors were kept for sale and where people congregated to drink the same, is admissible.
For other evidence held properly admitted, see body of opinion.
Appeal from County Court, Oklahoma County; Wm. H. Zwick, Judge.
Fred Cameron and others were convicted of maintaining a liquor nuisance, and appeal. Judgment as to each affirmed.
Ledrue Guthrie, of Oklahoma City, for plaintiffs in error.
S. P Freeling, Atty. Gen., and R. McMillan, Asst. Atty. Gen., for the State.
Plaintiffs in error were convicted in the county court of Oklahoma county for unlawfully maintaining at No. 203 1/2 North Broadway, in Oklahoma City, Okl., a public nuisance, in that said building, while under the control and in the possession of said plaintiffs in error, was a place where intoxicating liquors were kept for sale, and where people congregated for the purpose of drinking the same. Cameron and Pence were sentenced by the court to serve a term of imprisonment of 6 months each in the county jail, and to pay a fine of $500 each. Wilson was sentenced to 30 days' imprisonment and to pay a fine of $50. The evidence in the case discloses a state of facts which shows that the defendants Cameron and Pence were the owners of the business, and that Wilson aided and abetted in the conduct of the same, although not having any financial interest in the business.
It is contended that the evidence is insufficient to sustain the verdict. With this contention this court cannot agree; the evidence in effect establishing the following: That the place at No. 203 1/2 North Broadway, Oklahoma City, during the period beginning about the 1st day of July, 1915, and extending to November, 1915, was a place where intoxicating liquors were kept for the purpose of barter and sale, and where divers persons visited and congregated for the purpose of drinking the same; that the said defendants were occupying and in control of these premises during that period of time that the place was fitted up with an improvised bar in the rear of the building, and in the front was a pool table and card table; that frequent raids were made by the police officers of Oklahoma City upon the said premises during that period of time; that the odor of whisky was very pronounced in said premises on all the times that these raids were made; that empty whisky bottles were found concealed upon the premises, and upon one occasion the defendant Wilson was caught in the act of emptying whisky into the sewer on said premises; that divers persons other than the defendants were in and upon the premises at various times these raids were made, and were met upon the stairway coming out of the premises with the odor of whisky upon their breaths; that people were seen to come from the premises in an apparent state of intoxication; that a lookout was stationed at the head of the stairs leading into the premises, and that these various defendants at different times were acting in the capacity of a lookout; that a system of code signals was used, by which one defendant, who was stationed across the street, would signal to another defendant in the building when the officers approached to make a raid; that these defendants were on various occasions seen to carry packages and bottles into said premises, sometimes in their pockets, and at other times in grips and suit cases; that during all of said period of time the place had a general reputation of being a place where intoxicating liquors were kept for sale and disposed of in violation of the prohibitory liquor laws of the state; that whisky was found concealed under the rear...
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