Hunt v. State

• Decision Date: 21 March 1911
• Citation: 114 P. 341,5 Okla.Crim. 257,1911 OK CR 73
• Parties: HUNT v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

114 P. 341

5 Okla.Crim. 257, 1911 OK CR 73

HUNT v. STATE.

Court of Criminal Appeals of Oklahoma

March 21, 1911

Syllabus by the Court.

Under the provisions of the prohibitory statute of this state, a person who procures whisky at an unlawful sale thereof is subject to the same penalty for transporting the same from the point of sale to any other point in this state as the person who makes the sale.

(Additional Syllabus by Editorial Staff.)

The practice does not contemplate a demurrer to the evidence in a criminal case, except upon a total failure of evidence.

Appeal from Pawnee County Court; H. T. Conley, Judge.

Gid Hunt was convicted of unlawfully transporting whisky, and he appeals. Affirmed.

Wm Blake and Fred S. Liscum, for appellant.

Smith C. Matson, Asst. Atty. Gen., for the State.

ARMSTRONG J.

An information was filed against the appellant, defendant below in the county court of Pawnee county on the 1st day of October, 1909, charging him with transporting intoxicating liquor, under the prohibitory statute. Motion to set aside the information was filed, and on the 14th day of October 1909, the county attorney filed an amended information. A motion to set aside this information was filed and overruled, and defendant excepted, and a demurrer was afterwards filed and overruled, and defendant excepted. The cause was tried to a jury, and defendant convicted and sentenced to 90 days in jail and to pay a fine of $300 and costs.

All the testimony in the case was by one witness, C. I. Pumroy, sheriff of Pawnee county. He testified that he arrested the defendant about the 1st of October, 1909, at the Fair Grounds in the city of Pawnee; that he took from the defendant at that time a pint or half pint of whisky; that the defendant told him he bought the whisky in the city of Pawnee, and said to the sheriff, "It's not right to take this off me." He said they "were going off a little ways to take a drink." The county attorney asked the witness the following question: "At that time he said he got it in Pawnee and took it to the Fair Grounds? Answer: He did; and afterwards told me he brought it from Keystone." And the further question: "Did he state what he was going to do with the whisky? Answer: He just said 'Some of us are going down here to have a drink."'

In the petition in error, the appellant, defendant below, complains of the court in not setting aside the amended information and in overruling the demurrer. We think the court correctly overruled the motion to set...