158 P. 288 | Okla. Crim. App. | 1916
The defendant in this case had 71 half-pints of whisky and 23 pints of beer in his residence, which was seized by the officers, and information filed against him, charging him with the offense of having possession of same with the intent to sell, barter, give away, and otherwise furnish said intoxicating liquors, contrary to and in violation of the statutes in such cases made and provided. A trial was had, which resulted in conviction, and judgment sentencing the defendant to 30 days in jail and a fine of $100, and he appeals from this judgment.
There is scarcely anything raised, by this appeal, which has not been already passed upon by this court adversely to the contention of defendant.
He complains that the information is defective, and that his demurrer to it should have been sustained, and cites Buffo v.State, 4th Okla. Cr. 516,
The defendant complains because the state was allowed to prove that the accused had been convicted of former violations of the prohibition law, and the ground of this complaint is that the convictions proven were too remote to prove intent to illegally dispose of the liquors involved in the instant case. The state may prove former sales made by the defendant in cases of this kind, "as a circumstance tending to show an essential ingredient of the offense, namely, the intent to sell the liquor in possession" (Hill v. State, 3rd Okla. Cr. 686,
The judgment is therefore affirmed.
DOYLE, P.J., and ARMSTRONG, J., concur. *443