Legal Opinion

Files v. State

Court of Criminal Appeals of Oklahoma

Decided June 3, 1913No. A-1571Published

Appeal from Garfield County Court; Winfield Scott, Judge. Bert Files was convicted of violating the prohibitory liquor-law, and he appeals.

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Appeal from Garfield County Court; Winfield Scott, Judge. Bert Files was convicted of violating the prohibitory liquor-law, and he appeals. Appellant, was found guilty in the county court of Garfield county for violating the prohibitory liquor law, and his punishment wa-s assessed at 120 days’ confinement in the county jail and a fine of $420. And it was ordered by tbe court that if such fine be not paid, the defendant be confined in the county jail of Garfield county until such fine should be paid at the rate of $2 per day. William J. Eoberts testified: Th"at he lived at 820 West Elm street,…

1Opinion of the CourtFurman, J.

(after stating the facts as above). First. The evidence makes out a plain case against appellant of keeping and maintaining what is commonly called a “whisky joint.” The room was fitted up .as such, the necessary fixtures and utensils were there, and appellant was possessed of a United States government license to retail intoxicating liquors. We do not see how a stronger or plainer case could be made. The various objections offered to the admission of the testimony are purely captious and are without merit. The fact that there was no proof that ■ a sale .of prohibited liquors had been made in…

2Cases cited9 opinions

  1. State v. PetersonSupreme Court of Minnesota · 1888
  2. Berkenfield v. PeopleIllinois Supreme Court · 1901
  3. Ex Parte BowesCourt of Criminal Appeals of Oklahoma · 1912
  4. Mason v. KelloggMichigan Supreme Court · 1878
  5. Fischer v. HayesU.S. Circuit Court for the District of Southern New York · 1881

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