Knight v. State
| Decision Date | 06 September 1930 |
| Docket Number | A-7572. |
| Citation | 291 P. 142,48 Okla.Crim. 335 |
| Parties | KNIGHT v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Rehearing Denied Sept. 20, 1930.
Syllabus by the Court.
Objection to information, first raised on introduction of evidence should be overruled if by any intendment or presumption information can be sustained.
Where an information is first challenged by an objection to the introduction of evidence, the objection should be overruled if by any intendment or presumption the information can be sustained.
Additional Syllabus by Editorial Staff.
Information held sufficient to charge unlawful transportation of liquor, as against objection first raised on introduction of evidence.
The information charged that on certain date in certain county defendant unlawfully, willfully, intentionally, and knowingly transferred and conveyed certain prohibited liquors, to wit about one-half pint of whisky in a pint and half-pint bottle in an automobile, from a place in the state of Oklahoma to affiant unknown to another place therein described.
Appeal from County Court, Custer County; E. J. Lindley, Judge.
Virgil Knight was convicted of unlawfully transporting intoxicating liquor and he appeals.
Affirmed.
Darnell & LaRue, of Clinton, for plaintiff in error.
The Attorney General, for the State.
Plaintiff in error was convicted in the county court of Custer county of the unlawful transportation of intoxicating liquor, to wit, about one pint of whisky, and his punishment fixed at a fine of $250 and confinement in the county jail for a period of sixty days.
The defendant contends first that the information fails to charge facts sufficient to constitute an offense; the charging part of which reads as follows:
"On the 21st day of October, in the year of our Lord one thousand nine hundred and twenty-eight (1928), at and within the said county and state, did then and there unlawfully, wilfully, intentionally and knowingly transfer and convey certain prohibited liquors, to-wit; about one half pint of whisky in a pint and half pint bottle, in an automobile, from a place in the State of Oklahoma to affiant unknown to another place, to-wit; a point on the section line between Sections 23 and 26, Township 12, Range 7, W. I. M. in Custer County, Oklahoma, to an unknown point between said sections 23 and 26, contrary to the form of the statute, etc."
After the jury had been...
To continue reading
Request your trial