Wheat v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Pittsburg county of assault with intent to kill and was sentenced to serve a term of 2y2 years in the state penitentiary.

The record discloses that Tom Owen, a deputy sheriff, acting on some information, made a search for violations of the liquor law in some hilly country near the Canadian river. While so engaged, he came upon Will Wheat, a son of defendant, and two other men. He arrested Wheat, who had in his possession 6 half-gallon fruit jars of whisky. The other two men fled. It is the theory of…