Bly v. State

JONES, Judge.

This is an appeal from a conviction sustained by the defendant Ben L. Bly in the County Court of Osage County for the unlawful possession of 105 four-fifths quarts of whiskey, wherein the defendant was sentenced to serve the minimum sentence of 30 days in the county jail and pay a fine of $50.

Two assignments of error are presented in the brief of the accused. One, the trial court erred in overruling the motion to suppress evidence. Two, the trial court erred in refusing to give instruction No. 12, requested by the defendant.

The evidence on the motion to suppress disclosed that…