Smith v. State

In this case the information charges that in Okfuskee county, August 11, 1924, Minnie Smith “did then and there have and keep in her possession lx/2 pints of whisky with the unlawful intent” to sell the same. On the trial she was found guilty and her punishment fixed at a fine of $100 and confinement in the county jail for 90 days. From the judgment rendered on the verdict she appeals.

The state relied for this conviction upon the testimony of Frank Gaghagen, deputy sheriff, and W. L. Payne, chief of police, admitted over the defendant’s objection that it was obtained by an unlawful search,…