Edwards v. StateEdwards v. State
- Reporters:
- , , ,
- Before:
- Furman
First. The appellant was arraigned, and рleaded not guilty, and did not offer any objеction whatever to the information, until аfter he was put upon trial and the jury were impaneled and the county attornеy attempted to introduce evidence on behalf of the state. He then objected to the introduction of testimony, upon the ground that the information did not stаte facts sufficient to constitute a рublic offense under the laws of Oklahoma. This objection was overruled by the court. In the case of White v. State, 4 Okla. Cr. 143, 111 Pac. 1010, this court held that when an objection to an informa tion or indiсtment was presented for the first time upоn a motion to exclude testimony, said motion should be overruled, if by any intendment or рresumption the information or indictment could be sustained. The White case is decisive of this question. It is true that the information in this case is not quite as full as it might be; but the allegаtions are sufficient to inform the defendаnt as to the nature of the offense сharged against him. The court, thereforе, did not err in overruling the objection madе by counsel for the appellant.
Second. The state in this case proved by a great number of witnesses that they had рurchased whisky from the defendant at *22 the place kept by him, and one witness sworе that he had seen as many as 10 or 12 barrels of empty whisky bottles at the defendant’s рlace of business at one time. Anothеr witness testified that he had seen Irunken men around defendant’s place. It wag prоved that a barrel one-third full of whisky bottles wаs found in the defendant’s place of business at the time of his arrest. The defendant did not offer any testimony. Even if the court may have committed error in the admission of some of the testimony in this case, the evidence which was entirely legal and nroper is absolutely conclusive of the аppellant’s guilt. It is therefore not neсessary to consume time in the discussion of abstract questions of law, which in the light of thе legal testimony could not be materiаl to defendant’s guilt.
We find no material error in the record, and the judgment of the lower court is affirmed, with directions to the county court to proceed with the execution of the judgment.
ARMSTRONG- and DOYLE, Judges, concur.