Brunson v. State
Court of Criminal Appeals of Oklahoma
Appeal from Muskogee County Court; W. C. Jackson, Judge. Defendant was convicted for violating the prohibitory,- liquor law of the state, and was fined in the sum of $200, and sentenced to 30 days’ imprisonment in the county jail. Defendant appealed.
1Opinion of the Court
FURMAN, Presiding Judge.
Only those allegations in an indictment which involve the guilt of a defendant are to be proved beyond a reasonable doubt. The venue of an offense does not come within this class, .but there must be some proof of venue. See Fuller v. Territory, 2 Okla. Cr. 86, 99 Pac. 1098. In this case the state did not even attempt to prove venue. It is true that the purchaser of the beer testified that he lived in Muskogee, and had lived there for five or six years; and he also testified that he met the defendant on the street, and asked him if he had any beer. He does not say what…
2Cases cited2 opinions
- Reed v. TerritoryCourt of Criminal Appeals of Oklahoma · 1908
- Fuller v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
3Cited by17 opinions
- Litchfield v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Gritts v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Kilpatrick v. StateCourt of Criminal Appeals of Oklahoma · 1950
- Payne v. StateCourt of Criminal Appeals of Oklahoma · 1954
- Jentho v. StateCourt of Criminal Appeals of Oklahoma · 1921
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