Jelts v. State

• Decision Date: 16 May 1912
• Citation: 123 P. 1130,7 Okla.Crim. 733,1912 OK CR 331
• Parties: JELTS v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

123 P. 1130

7 Okla.Crim. 733, 1912 OK CR 331

JELTS v. STATE.

Court of Criminal Appeals of Oklahoma

May 16, 1912

Appeal from Pottawatomie County Court; Ross F. Lockridge, Judge. Nelson Jelts was convicted of violating the prohibitory law and appeals. Reversed.

G. A Outcelt, of Tecumseh, for plaintiff in error.

Smith C. Matson, Asst. Atty. Gen., and C.J. Davenport, for the State.

PER CURIAM.

The plaintiff in error, Nelson Jelts, was convicted at the July 1911, term of the county court of Pottawatomie county on a charge of having unlawful possession of whisky with the intent to sell the same, and his punishment fixed at imprisonment in the county jail for a period of 90 days and a fine of $150. It appears from the record that a number of raids had been made by the officers on the place of business of the accused, who is a negro, but no intoxicating liqquors were found. Upon the date this offense is alleged to have been committed, William Davis, a police officer in Shawnee went to the place about daylight and searched the premises but found nothing. He was informed by another negro named Harris that he would find whisky at a certain spot in the rear of the premises occupied by the accused. Following the directions of the negro Harris, a box containing intoxicating liquors was found a short distance in the rear of the accused's place on the Rock Island right of way, covered up with straw, cinders, and other materials. It appears that Harris and the accused were enemies. At the time the whisky was found, prosecuting witness Davis testified that the accused came out and offered him $50 to leave the whisky and say nothing about finding it. The accused denied this statement, an said that he told the officer that he would not have had it found there for $50, that it was not his, and that he knew nothing about it. Counsel for the accused offered to show by Deputy Sheriff Tighlman, while he was on the stand as a witness for the accused, that the negro Harris had been to him and offered to "put up a job" on Nelson Jelts, in order that Jelts might be arrested and convicted for violating the prohibitory law, stating that he would give $50 to have the transaction carried out; that the witness Tighlman refused to have anything to do with such a transaction, and that Harris then stated that he would get the complaining witness to help him out; that this Harris was the same party who pointed out the liquor to the prosecuting witness, Davis. Counsel further offered to show by Louis Smith that the same Harris told him that he had put up a job on Nels Jelts; that he had put some whisky at the place pointed out for the purpose of catching the accused and having him charged with unlawful possession of intoxicating liquor. The state objected to the introduction of this testimony. The objection was sustained, and exceptions properly saved. When the accused was on the stand, the assistant county attorney, on cross-examination, was permitted to indulge in the following character of examination: "Q. Now, you had paid a fine over in the city court in Shawnee? (Defendant objects as irrelevant, incompetent, and immaterial. Objections overruled by the court, to which ruling of the court the defendant excepted.) A. No, sir. Q. Did you pay any fines there for gambling and bootlegging? A. No, sir. Q. Did you pay a fine for gambling? A. No, sir. Q. How many fines have you paid to the city court in Shawnee? A. I never paid any. Q. Have you paid a hundred? A. Have I paid a hundred? Q. Yes, sir. A. I don't think so. Q. How many have you paid? (Defendant objects as irrelevant, incompetent, and...