Smith v. State

By verdict of a jury plaintiff in error, here referred to as the defendant, was found guilty of the illegal possession of whisky, with his punishment fixed at confinement in the county jail for a period of 90 days and to pay a fine of $250.

The assignments of error may be summarized as follows: (1) Failure to prove venue; (2) erroneous instructions to the jury; (3) defective and void verdict; (4) insufficiency of the evidence.

We think the evidence sufficiently establishes venue. One of the witnesses described the place where the offense was committed as about 4% miles southeast of Oklahoma…