Proctor v. State

• Decision Date: 18 January 1913
• Citation: 129 P. 77,8 Okla.Crim. 537,1913 OK CR 20
• Parties: PROCTOR v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

129 P. 77

8 Okla.Crim. 537, 1913 OK CR 20

PROCTOR v. STATE.

Court of Criminal Appeals of Oklahoma

January 18, 1913

Syllabus by the Court.

Where a defendant is on trial for a specific offense, evidence of unrelated offenses is not admissible, unless relevant to the issue and tending to show motive or intent; and an unlawful intent is not an ingredient of the offense of unlawfully conveying intoxicating liquors.

Appeal from Oklahoma County Court; John W. Hayson, Judge.

Cal Proctor was convicted of wrongfully transporting beer, and appeals. Reversed.

Ledru Guthrie and J. H. Beaty, both of Oklahoma City, for plaintiff in error.

Chas West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM.

The plaintiff in error was informed against, charged with a violation of the prohibitory law. It was alleged that he did unlawfully and wrongfully transport beer from a place in Oklahoma City, unknown, to and within a certain building situated at 122 Grand avenue in said city. He was found guilty, and his punishment assessed at imprisonment for 30 days in jail and to pay a fine of $50. The verdict was signed by five jurors. Judgment and sentence in accordance therewith was entered October 10, 1911. To reverse the judgment an appeal was perfected. It is contended that the verdict is not supported by law or the evidence in the case.

The evidence in the case was substantially as follows:

L. K Reynolds testified that he was a deputy sheriff; that with three other deputies he was at the premises known as 122 West Grand on or about May 18, 1911, about 9 p. m., and the defendant drove a buggy into the alley behind the building and took a sack of beer out of the buggy and took it into the building; that he came down the stairway on which he was standing and went into the building and found a gunny sack with possibly two dozen bottles of beer in it, and he arrested the defendant. Over an objection properly made, the court permitted the witness to testify that he had found intoxicating liquor there before.

He was further asked in his examination in chief: "Q. You may state whether or not that is a place that is generally known that intoxicating liquors are kept and sold. By Ledru Guthrie: Objected to for the reason that it is incompetent irrelevant, and immaterial. By the Court: Overruled, and exception allowed for the defendant. A. Yes, sir. We have visited that place on different occasions."

J. C Gilmore testified that he was standing out on the back stairs; that he saw the defendant get out of the buggy and go into his place of business, 122 West Grand, carrying this sack with him.

C. C Stoner testified, as taken from the transcript: "Q. State under what circumstances you saw this defendant at that place, at that time. A. We were executing a search warrant. Q. Where were you when you first seen the defendant? A. Standing on the steps in the rear of the building. Q. State whether or not you seen the defendant go into the back door of that building. A. Yes, sir. Q. How long after he had gone in did you go into that building? A. Just a short time; we went right in after him. Q. State whether or not you seen him drive up in the buggy and get out and go into that building. A. No, sir; I did not see him drive up. Q. Well, state what you did see him do. A. I just seen him going in at...