135 P. 1158 | Okla. Crim. App. | 1913
This appeal is prosecuted from a conviction had in the county court of Stephens county, on the 14th day of August, 1912, in which the defendant was found guilty of selling a pint of whisky on the 25th day of March, 1912, and his punishment assessed by a fine of $50 and imprisonment in the county jail for a period of 30 days.
Delmer Medley, the sole witness for the state, testified that he was at a dance at the home of the defendant's father, and there bought a pint of whisky from the defendant, paying him one dollar for the same. *305
As a witness in his own behalf the defendant testified that Medley came to him and told him he had 75 cents and he put in a quarter and went and bought the whisky from another party; that he did not know who he bought the whisky from.
The court instructed the jury in part as follows:
"Gentlemen of the jury, you are further instructed that in order to convict the defendant, you must believe from the evidence, beyond a reasonable doubt, that he was the seller of said whisky, or acted as aider and abetter of said seller."
The defendant requested the court to instruct the jury as follows:
"Gentlemen of the jury, you are instructed that the defendant in this case has a right as a defense to show that he furnished a portion of the money to purchase the whisky alleged, and if you believe from the evidence or have a reasonable doubt from the evidence that the defendant was interested in the purchase of said whisky by furnishing a portion of the purchase price, then your verdict should be not guilty."
The court very properly refused this requested instruction.
In Buchanan v. State,
In the case of Lamm et al. v. State,
ARMSTRONG, P.J., and FURMAN, J., concur. *306