Legal Opinion

Cowherd v. State

Court of Criminal Appeals of Oklahoma

Decided February 3, 1912No. A-1093PublishedCited by 6 opinions

Appeal from Superior Court, Muskogee County; Farrar L. McCain, Judge. E. M. Cowherd was convicted of having liquor in his possession with intent to sell, and appeals.

1Opinion of the CourtEurman, P. J.

Upon the trial of this cause the trial court instructed the jury as follows:

“(5) You are instructed that the possession of intoxicating liquor, as described by the information in this case, together with proof of the payment of the special. tax required by the United States of liquor dealers, is prima facie ■ evidence of the intention of defendant to unlawfully sell the same. So if you find from the evidence beyond a reasonable doubt that the defendant on or about the date alleged in the information had in his possession any quantity of intoxicating liquor, and you further find beyond a…

2Cited by6 opinions

  1. Beal v. StateCourt of Criminal Appeals of Oklahoma · 1915
  2. Findley v. StateCourt of Criminal Appeals of Oklahoma · 1917
  3. Adams v. StateCourt of Criminal Appeals of Oklahoma · 1930
  4. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1918
  5. Hinkle v. StateCourt of Criminal Appeals of Oklahoma · 1931

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