Morlan v. State
Decision Date | 27 October 1923 |
Docket Number | A-4407. |
Citation | 219 P. 172,25 Okla.Crim. 144 |
Parties | MORLAN 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 manufacturing intoxicating liquor, evidence examined, and held insufficient to sustain the verdict and judgment of conviction.
Appeal from County Court, Dewey County; W. A. Carlton, Judge.
Clarence Morlan was convicted of a violation of the prohibitory liquor law, and he appeals. Reversed.
Hoyt & Butler, of Taloga, for plaintiff in error.
George F. Short, Atty. Gen., and N.W. Gore, Asst. Atty. Gen., for the State.
This appeal is from a judgment of the county court of Dewey county, wherein Clarence Morlan was sentenced to be confined in the county jail for 60 days and to pay a fine of $100 and costs, taxed in the sum of $105. It was charged in the information, in substance, that the crime of manufacturing intoxicating liquor was committed by the defendant by willfully and unlawfully manufacturing, by process of distillation, intoxicating liquor containing more than one-half of 1 per cent. of alcohol by volume measure, to wit home distilled liquor and capable of being used as a beverage. Upon the trial the jury returned a verdict of guilty, but were unable to agree upon the punishment.
The Attorney General has filed the following confession of error:
An examination of the record discloses that the confession of error is well-founded and should be sustained. Because the evidence is entirely insufficient to support the verdict and judgment of conviction, the judgment of the lower court is reversed.
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