Fitzgerald v. State

The defendant, Raymond Fitzgerald, was charged by an information filed in the county court of Beckham county with the unlawful possession of intoxicating liquor; a jury was waived, the defendant was tried, found guilty, and sentenced to serve 30 days in the county jail and pay a fine of $150.

Upon appeal, two assignments of error are presented. First, the court erred in overruling a motion to suppress the evidence. Second, the court erred in admitting in evidence the whiskey taken from defendant.

In connection with the first assignment of error, it was the contention of the defendant that the…